The breach of one’s privacy has always been an important legal issue, but more so in the age of social media, where information can be disseminated instantaneously to the masses.
In today’s post, we review some legal remedies available under our provincial laws when one’s privacy has been breached.
The Privacy Act creates a statutory right to sue for compensation when someone “willfully and without a claim of right” violates the privacy of another. Claimants have successfully applied the law in various circumstances, including:
It should be noted that a claim under the Privacy Act will not be successful if the breach is justified. For example, if the breach occurred in the context of a proper law enforcement investigation, was authorized by a court order or was a publication relating to public interest.
Furthermore, even if a breach of privacy has been established, the court may only award a nominal amount if no serious or lasting harm resulted from the breach. Converse, punitive or aggravated damages may be awarded if the court finds the conduct leading to the breach of privacy requires repudiation. This is most common with unauthorized recordings or publications of a sexual nature.
The Privacy Act also creates a statutory right to sue if there is an unauthorized use of one’s name or portrait.
The Personal Information Protection Act regulates how private organizations in B.C. must collect, protect and disclose personal information they gather. The statute enables the creation of the Office of the Information and Privacy Commissioner, which investigates potential breaches under the Act. In the event that the Commissioner makes an order that a private organization has breached its statutory duties, the victim has the right to seek compensation from the private organization but must prove that the breach has resulted in some type of harm.
Earlier this year, the B.C. legislature passed the Intimate Images Protection Act, although it has not yet to come into force.
The definition of an intimate image is quite broad:
“intimate image” means a visual recording or simultaneous visual representation of an individual, whether or not the individual is identifiable and whether or not the image has been altered in any way, in which the individual is or is depicted as
The law is focused on non-consensual distribution of intimate images.
It does not apply when the distribution is consented to by court order or part of a proper law enforcement investigation. However, the law specifies that the consent for distribution is revocable at any time.
As the law has yet to come into force, its applicability and utility have yet to be tested. However, there appear to be some promising features:
Traditionally, one of the biggest hurdles in dealing with legal issues arising from online materials is that the internet hosts are usually multinational corporations based outside of Canada; therefore, these companies might not be compliant with orders made within our jurisdiction. The Attorney General has stated that she has consulted with the main providers concerning their cooperation to enforce this new law, but details are lacking for now.
If you have questions related to harassment law and your rights to privacy, our lawyers at Spraggs Law are here to help. Give us a call at (604) 359 1613 or contact us online today.
Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.
Each quarter, Spraggs Law publishes a curated selection of articles about trending HR and employment-related…
The Government of British Columbia's introduction of the Public Health Accountability and Cost Recovery Act,…
Each month, Spraggs Law publishes Vancouver Legal News, a curated selection of articles about legal…
In Canada, sexual harassment, inappropriate workplace behaviour and gender discrimination are pressing issues that not…
Jay Spiro from Spraggs Law is representing Jerrica Hacket, the owner of a popular café…
Each month, Spraggs Law publishes Vancouver Legal News, a curated selection of articles about legal…