Addressing the privacy interests of affected individuals

20 Nov

I presented today at the Canadian Institute’s program on advanced administrative law. My topic was about how to deal with the privacy interests of affected non-parties. Here are my slides, revised based on my evolving understanding of this (difficult) issue. My thesis as it stands: we need to develop a principled exception to the audi alteram partem rule that governs when affected non-parties get notice and right to be heard. Courts and admin law decision makers appear to be attracted to solution that rests on the involvement of an appropriate representative party, but the current solutions are not driven by any express principle.

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