在最近的情况下 R诉贾维斯, the Supreme Court recently grappled with the issue of what constitutes a 对隐私的合理期望. In this case, a high school teacher was found to have been surreptitiously recording female students, including their faces, bodies, cleavage or breasts using a pen camera. The question for the court was whether these videos were taken where the students enjoyed a 对隐私的合理期望.
对于每天的观察者来说，这种情况似乎有点不费吹灰之力。当然360直播吧一个年轻人是不可接受的’的乳房未经他们的允许。但是，问题是，关于‘对隐私的合理期望’ applies in the specific context in which these students found themselves. The accused argued that a 对隐私的合理期望 applies to circumstances in which a person has a reasonable expectation that she, or a part of her body, will not be observed 通过 others. It is true that in the case of these students, they would expect to be observed while at school. The Crown, on the other hand, argued that this interpretation focuses too much on location and not enough on the context.
And as it turns out, the Supreme Court emphasized that context does indeed matter when assessing whether a person has a 对隐私的合理期望. The Court listed a number of non-exhaustive considerations that might assist a court, which include:
The Court also found that context of s. 8 of the Charter, which guarantees the right to be free from unreasonable search and seizure, can also inform this analysis. In other words, whether or not a person has a 对隐私的合理期望 depends on social norms of what is acceptable in society. So, given the ever-increasing sophistication of recording devices and the fact that recording devices are ubiquitous these days, we need to be aware that a person does not simply waive their privacy interests the moment that they step into public.