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.

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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.

Monday, October 05, 2009

Justice Minister mulls breathalyzer testing for all drivers 

The CBC News is reporting that the Justice Minister is considering amending Canadian laws to allow for random breathalyzer testing of all drivers, regardless of whether there is any reason to believe that the driver is intoxicated. See: CBC News - Canada - Random breathalyzer tests considered for Canada.

10/05/2009 10:30:00 AM  :: (1 comments)  ::  Backlinks
I read a lot of the posts on the CBC site, and all of them seem to assume that a breathalyzer test is 100% accurate. No instrument is 100% accurate, there will be false positives and false negatives from the tests. I don't know the chemistry used in breathalyzers, but I'd guess there are medications or other chemicals besides alcohol that cause it to give a positive reading.

When the test is only administered after seeing other evidence of intoxication, it gives reasonably strong evidence. However, if it is used to screen people where there's no other evidence, the proportion of false positives will go way up.
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