Want to stay current on e–commerce law? Sign up for Email Newsletter.
Intrusion Upon Seclusion - Ontario's Newest Tort Recognizes Invasion of Privacy
The Ontario Court of Appeal held recently in Jones v. Tsige that a party can be found liable for the tort of invasion of privacy, now termed “intrusion upon seclusion”.
Tsige was a bank employee who was found to have accessed the plaintiff’s banking information without her consent, on multiple occasions. Even though the information was never published or recorded, the Plaintiff claimed that her privacy interest in her personal information was “irreversibly destroyed”, and the Court of Appeal ultimately found in her favour.
Based on this case, where a person acts intentionally or recklessly in invading the privacy of another that would reasonably cause distress or anguish in the plaintiff, the plaintiff is entitled to compensation. Where no monetary damages are found, the defendant can still be liable for damages up to $20,000, depending on the severity and context of the tort, though the imposition of punitive damages was neither encouraged nor prohibited.
This new common law remedy is in addition to the statutory remedies available under the Personal Information Protection and Electronic Documents Act (PIPEDA). It is not yet clear whether these two remedies are intended to be mutually exclusive, or can be sought concurrently, but it is expected that this new decision will open the door to more successful litigation relating to personal information and the protection of privacy, including potential significant class action suits.
For a copy of the decision, please visit:
http://canlii.org/en/on/onca/doc/2012/2012onca32/2012onca32.html