Monday, March 19, 2012

Courts Strengthen Privacy Law

In a recent case involving two bank employees, Jones vs Tsige, one of whom accessed the bank records of the other for personal reasons, the Ontario Court of Appeal granted the offended party the right to pursue an action, despite the fact that there was not a clear legislative basis for the action. Current privacy laws do not cover such events.

The decision also did not require a measure of damages, which is one of the normal foundations for civil litigation. Instead it established a standard remedy based on a scale of importance.

The decision could trigger a new era in privacy law, whether or not it is followed up with new or revised legislation. The court indicated that in making the decision, it is trying to keep pace with rapidly changing technology, which is making access to information increasingly difficult to protect.

For a summary of the case, check this article.

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