Vie privée et surveillance ambiante : le droit canadien en chantier

Abstract

Ambient surveillance technologies are a new ambush set on the path toward conceptualization of privacy rights in Canada. As they impact the underlying rationale for surveillance, these technologies challenge the traditional theoretical approaches to privacy. To echo this phenomenon, it becomes necessary to thoroughly examine the proposed -and adopted- legal concepts facilitating the progressive installation of the surveillance society. More than criticizing or reforming, we aim at uncovering hidden lineaments of privacy rules, as well as their strengths and weaknesses. We will focus on political and social movements that accompany the introduction of ambient technologies within the arsenal of surveillance. We will then go back to the sources of privacy in Canadian law and propose the adoption of a contextual approach able to recognize both the intrinsic value of privacy and its responsiveness to concrete situations.

Keywords

• intelligence ambiante
• préoccupations sécuritaires
• renseignements personnels
• risque
• surveillance
• technologie