How have courts interpreted privacy considerations in the context of personal information privacy issues?
Saskatchewan, Canada
The following excerpt is from R. v. Walkington, 1974 CanLII 931 (SK QB):
In Regina v. Penner, Hall J.A. concluded his judgment with the following statement [p. 96]: “What circumstances short of complete privacy would not constitute a substantial interference with the right of an accused to retain and instruct counsel need not be decided. It is sufficient to say that in the present case privacy could and should have been granted and failure to do so affords ‘reasonable excuse’ for refusal to comply with the demand.”
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