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Reasonable Expectations of Privacy in an Era of Drones and Deepfakes: Expanding the Supreme Court of Canada’s Decision in R v Jarvis

Resource type
Authors/contributors
Title
Reasonable Expectations of Privacy in an Era of Drones and Deepfakes: Expanding the Supreme Court of Canada’s Decision in R v Jarvis
Abstract
Perpetrators of Technology-Facilitated gender-based violence are taking advantage of increasingly automated and sophisticated privacy-invasive tools to carry out their abuse. Whether this be monitoring movements through stalker-ware, using drones to non-consensually film or harass, or manipulating and distributing intimate images online such as deep-fakes and creepshots, invasions of privacy have become a significant form of gender-based violence. Accordingly, our normative and legal concepts of privacy must evolve to counter the harms arising from this misuse of new technology. Canada’s Supreme Court recently addressed Technology-Facilitated violations of privacy in the context of voyeurism in R v Jarvis (2019). The discussion of privacy in this decision appears to be a good first step toward a more equitable conceptualization of privacy protection. Building on existing privacy theories, this chapter examines what the reasoning in Jarvis might mean for “reasonable expectations of privacy” in other areas of law, and how this concept might be interpreted in response to gender-based Technology-Facilitated violence. The authors argue the courts in Canada and elsewhere must take the analysis in Jarvis further to fully realize a notion of privacy that protects the autonomy, dignity, and liberty of all.
Genre
SSRN Scholarly Paper
Archive ID
3869764
Place
Rochester, NY
Date
2021-06-04
Accessed
8/1/24, 7:25 PM
Short Title
Reasonable Expectations of Privacy in an Era of Drones and Deepfakes
Language
en
Library Catalog
Social Science Research Network
Citation
Thomasen, K., & Dunn, S. (2021). Reasonable Expectations of Privacy in an Era of Drones and Deepfakes: Expanding the Supreme Court of Canada’s Decision in R v Jarvis (SSRN Scholarly Paper No. 3869764). https://papers.ssrn.com/abstract=3869764
Author / Editor