It should be. This is why I've recommended this explicit recognition.
As you know, up until now it was described sometimes as a privacy interest or as a right—there was some more tepid language, I suppose—and my strong recommendation was that we need to make this explicit. We need to recognize it is quasi-constitutional, as courts have said and as the international community has said, so that in the purpose clause—and I recommended adding it in the preamble as well as in the purpose clause, but you're right; the purpose clause is the key—if you use the words “fundamental right”, you are sending a signal to courts, to decision-makers, to me, that even when you are balancing this with other elements, such as the needs of organizations—which have to be considered; we have to have innovation at the same time—if there is a clear conflict, one should prevail, and it is the fundamental right that should prevail. This is why it's so important this is enshrined in the law.
I was encouraged by the statement of the minister that this is now the intent. It's certainly something I've been advocating for since day one.