Info Matters

Keith Baybayon is a first-year student at McGill University and the former president of the Ontario Student Trustees Association, the largest student stakeholder group in Ontario. He’s also a member of the IPC’s Strategic Advisory Council. 

• Becoming a student leader and advocate [3:53]
• A day in the life of a connected high school student [5:55]
• Using technology in elementary school [7:17]
• Privacy and the use of cameras in online learning environments [8:12]
• The need for greater awareness by students of where to turn for help with privacy issues [9:12]
• Personal data collection behind the scenes [9:56]
• Do young people care about privacy anymore? [11:23]
• Lengthy and hard to understand terms of service documents [12:31]
• Getting involved in student advocacy on digital literacy and privacy issues [13:35]
• The challenge of teaching young people about privacy from an early age [15:11]

Resources:

• IPC Strategic Priorities 2021-2025
• Teaching kids about privacy (Info Matters episode with Daniel Solove)
• Teenage confidential: Teens, technology, and privacy (Info Matters episode with Matthew Johnson) 
• Privacy Pursuit! Games and Activities for Kids (IPC activity book for kids)
• Resolution on children's digital rights (Adopted resolution of the Global Privacy Assembly, October 2021 – IPC co-sponsor)
• Personal Data Protection Competency Framework for School Students (includes foundational learning principles – International Conference of Data Protection and Privacy Commissioners – IPC co-sponsor) 

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Jane Kovarikova is a former foster child, current PhD candidate, and advocate for child rights across Canada. She is the founder of the Child Welfare Political Action Committee, a Canadian charity advocating for a progressive child welfare system.

• From foster kid to advocate for changes in child welfare policy [2:53]
• Outcomes for youth after they leave care [6:49]
• Privacy of records, sealing youth records when they age out of the system to help them move on from their past [9:19]
• Balancing safety, research, and privacy [13:11]
• Work on a private member's bill to address privacy fairness for foster kids [16:35]
• Bringing lived experience to leadership in the child welfare sector [19:20]
• Service providers adjusting to new privacy rights and protections under Part X of the Child, Youth and Family Services Act [22:26]
• What it’s like to not really control your own history [24:12]
• Ways to promote Part X compliance by service providers [27:55]
• Helping former and current foster kids who want to learn more about their access and privacy rights under the law [29:50] 

Resources:

• Child Welfare Political Action Committee
• Advocates seek privacy rights for foster kids after age 21 so they can get ‘fresh start’ (Toronto Star)
• Former foster child first to lead local Children’s Aid in 126-year history Toronto Star)
• It’s About You: Your file and Your Rights Under Ontario’s Child and Family Services Law (IPC brochure)
• Providing Access to Personal Information under the Child, Youth and FamilyServices Act: A Guide for Service Providers (IPC guidance)
• Access, Privacy and the Child, Youth and Family Services Act (IPC webinar)
• IPC Strategic Priorities 2021-2025

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Jim Balsillie is the founder of the Centre for International Governance Innovation, the Centre for Digital Rights, and the former co-CEO of Research In Motion (BlackBerry). 

• From tech executive to tech critic [4:38]
• Toronto’s Sidewalk Labs project [5:50]
• Why data governance is the most pressing public policy issue of our time [7:21]
• The false dichotomy between privacy regulation and innovation [8:45]
• Elements of a modern, enduring privacy law [11:04]
• A made in Ontario private sector privacy law [14:07]
• Oversight of political parties, protecting the privacy of citizens, and upholding democracy in the age of big data [17:47]
• Data driven harms and children, the UK’s Children’s Code [21:04]
• Advancing the IPC’s strategic priorities: Privacy and Transparency in a Modern Government; Children and Youth in a Digital World [24:01]
• Adapting laws and regulatory bodies to a data-driven world [25:15]

Resources:

• Jim Balsillie : ‘Data is not the new oil – it’s the new plutonium’ (National Post)
• Leave no Ontarian behind: Why Ontario should move ahead with its own private sector privacy law (IPC news release)
• 5Rights Foundation
• The Children’s Code (Age Appropriate Design Code) (Information Commissioner’s Office UK)
• Whose job is it to keep kids safe online? (Baroness Beeban Kidron on The Agenda with Steve Paikin)
• IPC Strategic Priorities 2021-2025

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Dr. Alana Saulnier is an assistant professor at Queen’s University. Her research focuses on relationships between legal authorities and the public with a particular focus on how the use of surveillance technologies (e.g., body-worn cameras, unpiloted aerial vehicles, etc.) augments those relationships. She has held formal research partnerships with more than 20 police services in Ontario. 

• Conducting research on relationships between police and the communities they serve [5:00]
• The use of body-worn cameras by police services in Canada compared to other jurisdictions [7:42]
• The benefits of body-worn cameras from a police perspective [9:26]
• What communities may perceive as some of the benefits of body-worn camera programs [11:22]
• Insights from research studies with the Durham Regional Police Service and the Guelph Police Service [13:04]
• Research on the use of body-worn cameras in the investigation of domestic and sexual violence cases [20:02]
• Body-worn cameras at public protests [23:09]
• The importance of consulting with communities before putting body-worn camera programs in place [24:53]
• Shaping governance and rules about how body-worn cameras should be used [25:52]
• Questions communities should consider before body-worn cameras are deployed [28:08]
• The IPC’s model body-worn camera model governance framework and the Canadian Association of Chiefs of Police body-worn camera policy framework [30:15]

Resources:

• Model Governance Framework for Police Body-worn Camera Programs in Ontario (IPC Guidance)
• Canadian Policing and Body-worn Cameras: A Proposed Body-worn Camera Policy Framework (Canadian Association of Chiefs of Police)
• Law Enforcement and Surveillance Technologies (IPC Privacy Day 2021 webcast)
• Next-Generation Law Enforcement: IPC Strategic Priorities 2021-2025 (IPC strategic plan)
• The RIDE study: Effects of body-worn cameras on public perceptions of police interactions (study by Dr. Alana Saulnier)
• Police Use of Body-Worn Cameras: Challenges of Visibility, Procedural Justice, and Legitimacy (research article authored by Dr. Saulnier and researchers from the University of Winnipeg and the University of Chicago)
• Building privacy and transparency into sexual assault investigations (Info Matters episode)

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected].

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The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Dave Meslin is a community organizer, activist, and bestselling author.

Topics discussed in this episode:

• The systemic barriers that keep people on the sidelines of community involvement and political decision making [4:02]
• Taking cues from private sector customer service [7:53]
• Tapping into collective wisdom and disrupting the status quo [9:47]
• The role of government transparency in supporting civic engagement [12:05]
• Access to information as fuel for community activism and change [12:39]
• Assessing government open data efforts [16:08]
• The Dazzling Notice Awards [18:41]
• Improving civics education [22:10]
• Making privacy policies make sense [24:42]
• Empowering youth to exercise their democratic muscles [28:04]

Resources:

• The antidote to apathy (TEDTalk)
• Teardown: Rebuilding Democracy from the Ground Up (book by Dave Meslin)
• Empowering a New Generation of Digital Citizens (IPC Privacy Day 2022 webcast)
• Privacy and Transparency in a Modern Government: IPC Strategic Priorities 2021-2025 (IPC strategic plan)
• Open Government: Key Concepts and Benefits (IPC guidance)
• Demystifying the FOI Process (Info Matters episode about the steps involved in making an access request) 
• Directory of Institutions (FOI contacts for ministries, municipalities and other local government institutions)
• Directory of Records (descriptions of records maintained by provincial ministries)
• Access to Information Under Ontario’s Information and Privacy Acts 
  (IPC brochure)
• The Appeal Process and Ontario’s Information and Privacy Commissioner 
  (IPC brochure)
• Accessing Personal and General Government Records (FAQs and forms)

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Dr. Frederick Bieber is a medical geneticist at Brigham and Women’s Hospital in Boston, Massachusetts and an associate professor of pathology at Harvard Medical School.

• DNA profiling and how can it be used to identify bodies, track down blood relatives, and as evidence in court [4:55]
• The role of professional genealogists in investigations [8:35]
• How investigative genetic genealogy was used to catch the Golden State Killer [10:12]
• Overturning a wrongful conviction in the Christine Jessop case [13:10]
• Use of GEDmatch and other consumer genetic genealogy sites by police [16:20]
• DNA reveals information about you as well as your family members — think carefully and read the fine print before you opt in [18:20]
• Collecting DNA without consent as a technique to eliminate suspects [20:12]
• DNA testing and surprising discoveries in the family tree [24:35]
• Ethical safeguards to ensure the responsible use of investigative genetic genealogy by law enforcement [27:35]

Resources:

• Next-Generation Law Enforcement: IPC strategic priorities 2021-2025 (IPC strategic plan)
• Release of personal information to police: your privacy rights (IPC fact sheet)
• Supreme Court decision lifts the cloud on genetic testing (IPC blog)
• All in the family: Finding criminals through the DNA of their families (Op. Ed. by Dr. Bieber)
• The science behind why police now believe they have the right suspect in Christine Jessop's murder (CBC.ca)
• The untold story of how the Golden State Killer was found: A covert operation and private DNA (Los Angeles Times)

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Dr. Khaled El Emam is a Canada Research Chair in Medical Artificial Intelligence and a professor in the University of Ottawa’s Faculty of Medicine. He is a co-founder of Replica Analytics.

• Developing privacy enhancing technologies to enable access to health data to support research [3:46]
• What is synthetic data? [5:36]
• Anonymous versions of real clinical data sets [8:36]
• Testing synthetic data to determine privacy risks [9:02]
• Examples of real world use cases in Canada [10:06]
• Re-identification attacks and loss of trust in traditional methods [12:31]
• Comparing statistical properties of synthetic data to the real thing [14:15]
• Is synthetic data really just like the real thing? [14:21]
• How synthetic data is made using artificial intelligence technologies [15:05]
• Use of synthetic data for research is expected to accelerate, increasing the need for practical regulatory guidance [16:47]
• Reducing uncertainty to fuel innovation [19:30]
• The need for clear rules around consent and thresholds for identifiable versus unidentifiable data [23:13]

Resources:

• The Fourth Industrial Revolution: What it means, how to respond (article by Klaus Schwab)
• Even better than the real thing: Simulated, anonymized data could be key to health-care innovations (University of Alberta research project)
• Top 10 strategic predictions for 2022 and beyond (Gartner) 
• Trust in digital health: IPC strategic priorities 2021-2025 (IPC strategic plan)
• IPC Comments on the Ontario Government’s Consultation on Ontario’s Trustworthy Artificial Intelligence (AI) Framework (IPC Submission, June 2021)
• De-identification guidelines for structured data (IPC guidance)

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Shafique Shamji is The Ottawa Hospital’s executive vice president and chief information officer. Nyranne Martin is the hospital’s general counsel and chief privacy officer. 

• Fostering a privacy and security culture at The Ottawa Hospital [3:31]
• Ensuring privacy and security are integrated as part of the hospital’s overall enterprise risk management framework [6:58]
• Moving beyond random audits to detect unauthorized access to patient information [9:24]
• Maintaining strong linkages between privacy and information technology teams [12:40]
• Ensuring strong technical controls are not a barrier to providing care [14:04]
• Setting the right tone at the senior leadership level [15:20]
• Lessons learned during the pandemic [16:38]
• Moving from paper-based to electronic systems [18:30]
• Rolling out one of the largest information technology projects in the hospital’s history [20:04]
• Ensuring privacy by design in new hospital systems [23:13]
• Bringing in a third party to assess risk [24:53]
• Things that keep a chief information officer up at night [29:18]
• Ways to advance trust in digital health in Ontario [31:56]
• Modernizing legislation to respond to advancements in technology [33:55]

Resources:

• Putting patient trust at the centre of virtual health (Info Matters episode with
  Dr. Duncan Rozario)
• Trust in digital health: IPC strategic priorities 2021-2025 (IPC strategic plan)
• Digital health under PHIPA: Selected overview (IPC guide)
• Communicating personal health information by email (IPC fact sheet)
• Reporting health privacy breaches to the IPC (IPC webinar)
• As in life, the only constant in health care is change (Commissioner’s blog)
• Privacy at The Ottawa Hospital (resource for patients)

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Matthew Johnson is the director of education at MediaSmarts, Canada’s not-for-profit centre for digital and media literacy. He is the author of many of MediaSmarts’ lessons, parent materials, and interactive resources and a lead on MediaSmarts’ research projects.

• Do young people really care about privacy? [6:13]
• How teens carefully curate their online image and use different platforms to control who sees what [6:46]
• Awareness by teens of the ways their personal information is valuable to social networks and advertisers [8:49]
• Helping teens understand and use technical privacy settings to limit data collection and targeted advertising [10:13]
• How much screen time is too much? [11:20]
• Encouraging mindful use of digital devices [14:00]
• Modelling healthy technology habits for teens [15:17]
• Setting rules in the home for the use of digital devices [16:08]
• Respect, privacy empathy, and digital ethics [17:32]
• Consent and moral blind spots around sharing sexts/intimate images [20:41]
• Practical tips for teens, parents, and teachers on privacy and digital ethics [23:15]
• The challenge: raising awareness among teens of privacy risks in different contexts and empowering them to take action [26:47]

Resources:

• IPC Strategic Priorities 2021-2025
• Teaching kids about privacy (Info Matters episode with Daniel Solove)
• Privacy Pursuit! Games and Activities for Kids (IPC activity book for kids)
• Privacy Pirates: An interactive unit on online privacy (Ages 7-9) (MediaSmarts)
• Digital media: Promoting healthy screen use in school-aged children and adolescents (Canadian Pediatric Society)
• Family guidelines for new tech devices (MediaSmarts sample contract)
• There’s No Excuse (MediaSmarts video lessons about sharing sexts/intimate images)
• The parent network: Social media and your kids workshop (MediaSmarts)
• Lesson Plan: Privacy Rights of Children and Teens (grades 9 -12)
• Personal Data Protection Competency Framework for School Students (includes foundational learning principles – International Conference of Data Protection and Privacy Commissioners – IPC co-sponsor)

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.

Jim Bronskill is an award-winning reporter with the Ottawa bureau of The Canadian Press news agency, specializing in security and intelligence, policing, and justice-related issues. He also frequently writes about privacy in the digital realm.

• The path to a career in journalism [2:31]
• How investigative journalism has changed over the years [4:11]
• Freedom of information (FOI) requests as an important reporting tool [4:51]
• The iceberg theory of journalism [5:31]
• Uncovering the rest of the iceberg through freedom of information [6:20]
• Balancing FOI response times with news deadlines [6:55]
• Ways to advance and modernize the access to information system [8:20]
• Big news stories that began as freedom of information requests [11:15]
• Learning about the use of Tasers by the RCMP through FOI [12:18]
• The Tommy Douglas files [15:55]
• Tips for making access requests [18:43]
• Key challenges to access to information and the right to know [24:30]
• The need for strong leadership on access to information, modernized laws, and practical administrative solutions [25:31]

Resources:

• Your Right to Know (book by Jim Bronskill)
• Demystifying the FOI Process (Info Matters episode about the steps involved in making an access request) 
• IPC strategic priority: Privacy and Transparency in a Modern Government
• RCMP edits Taser reports, probe finds (Toronto Star)
• Documents detail hours before Taser death (Toronto Star)
• CBC, The Canadian Press win Michener award for Taser probe (CBC.ca)
• RCMP plans dramatic changes to Taser policy (Toronto Star)
• Restoring Public Confidence: Restricting the Use of Conducted Energy Weapons in British Columbia (Braidwood Commission Report) 
• Why? The Robert Dziekanski Tragedy(Braidwood Commission Report) 

Info Matters is a podcast about people, privacy, and access to information hosted by Patricia Kosseim, Information and Privacy Commissioner of Ontario. We dive into conversations with people from all walks of life and hear stories about the access and privacy issues that matter most to them. 

If you enjoyed the podcast, leave us a rating or a review. 

Have an access to information or privacy topic you want to learn more about? Interested in being a guest on the show? Send us a tweet @IPCinfoprivacy or email us at [email protected]. 

The information, opinions, and recommendations presented in this podcast are for general information only. It should not be relied upon as a substitute for legal advice. Unless specifically stated otherwise, the IPC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this podcast, and information from this podcast should not be used or reproduced in any way to imply such approval or endorsement. None of the information, opinions and recommendations presented in this podcast bind the IPC’s Tribunal that may be called upon to independently investigate and decide upon an individual complaint or appeal based on the specific facts and unique circumstances of a given case.