In British Columbia, the Privacy Act (“Act”) enacted in 1968 was the first in the country. It created a statutory tort or civil right of action for an invasion of privacy when the common law did not. Section 1 of the Act reads:
Violation of Privacy Actionable
1 (1) It is a tort, actionable without proof of damage, for a person, wilfully and without a claim of right, to violate the privacy of another.
However, the right of privacy is not absolute, as sections 1(2) and 1(3), together, create a scheme that protects only a certain degree of privacy. These provisions establish a two-step process to successfully advance a claim under the Act.
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Labor & Employment Law Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Shafik Bhalloo, Kornfeld Mackoff Silber LLP ; Adjunct Professor, SFU Beedie School of Business | Attorney Advertising