In a trio of cases, the Ontario Court of Appeal recently held that a claim for the tort of intrusion upon seclusion does not apply to companies who store personal information for commercial use (the “Database Defendants”) when those databases are hacked by third parties. Background In June 2022, the Court of Appeal heard three…
Tag: Privacy Tort
How the New Privacy Tort Will Affect Employers
On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…
Ten Questions and Answers about Computer Use Policies
It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…