The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Wednesday, January 07, 2009

A person disrobed in front of another still has a reasonable expectation of privacy 

According to Yahoo! News, a Wisconsin court has held that a person who is voluntarily naked in front of others still has a reasonable expecation not to be videotaped. (See: Wis. court: Nude people still have privacy rights - Yahoo! News.) Unusual case but makes sense to me.

Via Photo Attorney.

Added: I've read the decision and have a bit more information (enough to make me change the title of this blog-post to be a bit more clear.

In this case, the defendant was charged with violating a Wisconsin law that criminalizes recording someone in the nude when they have a reasonable expectation of privacy. The complainant was voluntarily disrobed in front of her then-boyfriend, who had hidden a camera under some laundry. He argued that she had no expecation of privacy as she knew he was able to see her disrobed. The court took a much more context-specific reading of what is a reasonable expecation of privacy.

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