Category: Privacy

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Warrant Required to Produce Internet Usage Information to Police: Supreme Court

June 16, 2014

  In a landmark privacy decision, R. v. Spencer, the Supreme Court of Canada has ruled that individuals have a reasonable expectation of privacy in Internet usage information, and that law enforcement authorities who wish to obtain subscriber information from Internet service providers (ISPs) must, in most circumstances, do so pursuant to a warrant.   The court rejected the argument that…

B.C.’s Privacy Act Trumps Jurisdiction Selection Clause

June 12, 2014

  In Douez v. Facebook Inc., the Supreme Court of British Columbia recently certified a class proceeding against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act involving unauthorized commercial use of users’ names and likenesses. In doing so, the court exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

Ontario Court Allows Privacy Class Action to Proceed

February 7, 2014

  A recent decision of the Ontario Superior Court of Justice has addressed the scope of the tort of “intrusion upon seclusion” first recognized by the Ontario Court of Appeal in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action involving unauthorized access to health records by hospital employees, the Superior Court declined to dismiss the class proceeding as…

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