Category: Aside

Although we talk the talk of individual consent and control, such liberal fictions are no longer sufficient to provide the protection needed to ensure that individuals and the communities to which they belong are not exploited through the data harvested from them. This is why acknowledging the role that data protection law plays in protecting human rights, autonomy and dignity is so important. This is why the human rights dimension of privacy should not just be a ‘factor’ to take into account alongside stimulating innovation and lowering the regulatory burden on industry. It is the starting point and the baseline. Innovation is good, but it cannot be at the expense of human rights.

— Prof. Teresa Scassa, “Bill C-27 and a human rights-based approach to data protection”

It’s notable that Prof. Scassa speaks about the way in which Bill C-27’s preamble was supplemented with language about human rights as a way to assuage some public critique of the legislation. Preambles, however, lack the force of law and do not compel judges to interpret legislation,action in a particular way. They are often better read as a way to explain legislation to a public or strike up discussions with the judiciary when legislation repudiates a court decision.

For a long form analysis of the utility of preambles see Prof. Kent Roaches, “The Uses and Audiences of Preambles in Legislation.”