Ontario Court of Appeal Recognizes Tort of Invasion of Privacy by Jennifer Dolman, Evan Thomas and Lia Bruschetta

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This Osler Update summarizes the January 18, 2012 decision of the Ontario Court of Appeal in the Jones v. Tsige case which recognized a common law tort of "intrusion upon seclusion". This decision has potential significant implications, not just for individuals who may have invaded another person's individual affairs, but for any organization that collects and/or uses personal health, financial and other information. The decision may increase the reputational and other risks of unauthorized use of personal information and the incidence and risk of privacy class actions. Proactive organizations should consider reviewing their collection and/or use of personal information and ensuring the enforcement of privacy and data protection policies.

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