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This dissertation is concerned with surveillance, which refers to the monitoring and supervision of populations for specific purposes. Of special interest we the ways in which new technologies are augmenting the power of surveillance in the late twentieth century, and therefore influencing the privacy debate. Three things are noted about this. First, large-scale surveillance by bureaucratic organizations is a product of modernity, not of new technologies. This is evident from Part I of the dissertation, which argues that increased surveillance capacity comes as a result of specific economic and political circumstances that favour the use of technological systems of particular kinds, which invariably feature enhanced capacities. Second, surveillance has two faces; advantages appear alongside serious disadvantages. This is also evident in Part I of the dissertation which suggests that much surveillance theory is dystopian and therefore, an incomplete paradigm. Finally, new technologies facilitate some major magnification of surveillance power; some even argue that they change its character qualitatively. As such, privacy features prominently alongside discussions of electronic surveillance. This is evident in the final two parts of the dissertation which evaluate privacy as a strategy for limiting electronic surveillance. In this regard, Part II examines technical challenges to electronic surveillance, expressed through privacy law in particular, and Part III analyses mobilization challenges, which have to do with the role played by social movements in attempting to bring about broader-based change than mere legislation. Throughout the dissertation, the argument is made that surveillance has become a central feature of contemporary advanced societies and as such, it should be a major concern of both social analysis and political action. This is why the dissertation is divided into distinct, but overlapping, parts, with the first part focusing on social and critical

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While on the broadest level this paper argues for a rethinking of governance in our "information society," the central thesis of this paper argues for a national policy for data protection in the private sector. It does so through three sets of lessons from the Quebec data protection experience. These include lessons for I) the policy model, (2) the policy process, (3) the policy area as it relates to the policy problem as well as general questions about governance in an information polity. The methodology for this paper is based on a four-part sequential analysis. The first part is a theoretical and empirical exploration of the problem, which is broadly defined as the "tension over personal information." The second part looks comparatively at how other jurisdictions have responded to the problem. The third part assesses which model is the better policy alternative for Canada and concludes that Quebec regulatory route is better than the national status quo. The fourth part uses a comparative public policy framework, as well as interviews, to understand the policy processes in Quebec and Ottawa so that we can highlight the opportunities and constraints for a national data protection policy in the private sector.

While on the broadest level this paper argues for a rethinking of governance in our "information society," the central thesis of this paper argues for a national policy for data protection in the private sector. It does so through three sets of lessons from the Quebec data protection experience. These include lessons for I) the policy model, (2) the policy process, (3) the policy area as it relates to the policy problem as well as general questions about governance in an information polity. The methodology for this paper is based on a four-part sequential analysis. The first part is a theoretical and empirical exploration of the problem, which is broadly defined as the "tension over personal information." The second part looks comparatively at how other jurisdictions have responded to the problem. The third part assesses which model is the better policy alternative for Canada and concludes that Quebec regulatory route is better than the national status quo. The fourth part uses a comparative public policy framework, as well as interviews, to understand the policy processes in Quebec and Ottawa so that we can highlight the opportunities and constraints for a national data protection policy in the private sector. / Arts, Faculty of / Political Science, Department of / Graduate

The conflict inherent in balancing freedom of the press and the right to privacy invariably presents some controversial legal issues. In addressing the legal dilemmas posed by these competing interests, an in-depth analysis of the conceptual value of these two equally important rights becomes a preliminary starting point. Through its exploration of the history and development of the press and privacy laws in both the United States and Canada, this thesis examines the fundamental values enshrined in these two rights. The author holds that the freedom of the press contains no privilege under the law, but that it serves as the means to promote the public's right to know in a democratic society, while the right to privacy offers an individual the autonomy to regulate his private affairs. By analyzing arguments of "pubic interest," "public figure," and "public privacy," the author compares the theoretical approaches to and practical attempts at striking a balance between the interests of the press and the privacy of the individual in the United States and Canada. Finally, the essay proposes how these experiences may contribute to the construction of relevant Chinese laws.

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Data matching is the automated process permitting the comparison of significant amounts of personal data from two or more different databanks in order to produce new information. Its use by governments implicates many rights and freedoms, including the protection against unreasonable search and seizure under section 8 of the Canadian Charter. / In the author's opinion, a governmental data matching program will probably constitute a search or seizure under section 8 when a positive answer is given to two questions. First, is there a use or transfer of information which implicates constitutionally protected information? Generally, section 8 will only protect biographical personal information, as described in the Plant case. Second, one must determine if a reasonable expectation of privacy exists as to the purpose for which the information will be used. In other words, one must determine if the two governmental databanks are separate on the constitutional level. / However, a positive answer to both of theses questions does not mean that the matching program necessarily infringes section 8. It will not be considered unreasonable if it is authorised by law, if the law itself is reasonable, and if the execution of the program is reasonable. Presuming that the program is authorised by law, it is probable that a matching program aimed to detect individuals collecting illegally social benefits will not be considered unreasonable.