Is the consent of an individual who applies for public benefits entitled to privacy protection?
British Columbia, Canada
The following excerpt is from Patterson v. British Columbia (Attorney General), 1999 BCCA 645 (CanLII):
A citizen’s right to privacy must give way to that of the state if the state can demonstrate a superior interest: Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145. In the case at bar that interest is the requirement that the state be in a position to verify personal information upon which the application for public welfare is based. I agree that this is a valid state interest which is superior to that of the individual who applies for public benefits. I do not agree however that the consent form in question is limited to verification of the information supplied by the applicant.
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