I have a particular interest in technology and its impact on the workplace. A key consequence of the impact of technology is our evolving relationship with privacy rights. As our lives become more digital, our privacy is more difficult to control. Deactivating my Facebook account is not the same as drawing the shades on my front window. Who knows where all that data continues to hang out online and who has access to it?
Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions and certified the class of 643 customers whose files the employee had accessed and potentially leaked.
Intrusion upon seclusion
Intruding upon a person’s seclusion means intentionally or recklessly invading her or his private affairs without justification, causing the person distress, humiliation or anguish. This tort of intrusion upon seclusion is only a recent creation. In 2012:
… Continue reading “Privacy class action to proceed”
The Ontario Court of Appeal reversed an established principle that there is no such thing as a tort of invasion of privacy… the Court decided that it was now appropriate to confirm the existence of a tort of invasion
Three popular articles this week on HRinfodesk deal with a privacy class action lawsuit; the meaning of substantially gainful employment under CPP; and the taxability of forgoing a non-cash gift.