Teresa Scassa - Blog

Privacy
A recent decision of the Federal Court of Canada (Ali v. Minister of Public Safety and Emergency Preparedness) highlights the role of judicial review in addressing automated decision-making. It also prompts reflection on the limits of emerging codified rights to an explanation. In July 2024, Justice Battista overturned a decision of the Refugee Protection Division (RPD) which had vacated the refugee status of the applicant, Mr. Ali. The decision of the RPD was based largely…

A 2024 investigation report from the Office of the Ontario Information and Privacy Commissioner (OIPC) highlights the tension between the desire of researchers to access health data on the one hand, and the need to protect patient privacy on the other. The protection of personal health information (PHI) is of great practical importance as misuse of such information can have serious consequences for individuals. Yet there is also a significant autonomy and dignity dimension as…

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