Jul 042011
 
 July 4, 2011  Court, Non-U.S.

Joseph Griffiths writes:

Between the constant barrage of headlines describing ever more brazen and successful computer attacks, the largest of which compromised the personal account information of 100 million users at once, to reports that fully 56 per cent of the most popular non-social media websites “directly leak pieces of private information,” it is increasingly apparent that the need to protect and enforce privacy rights is escalating.

Unfortunately, while the headlines might make it obvious that privacy has to be safeguarded, the legal mechanism for doing so isn’t. In fact, the clear challenge facing a lawyer who is retained by a client whose privacy has been breached is finding a legal remedy in a system that, in many respects, has yet to mature and bridge the gap created by the mass centralization and corresponding exploitation of personal and private information.

That is particularly true in Ontario where, unlike other provinces that allow an individual to claim the benefit of a statutory tort for the invasion of privacy, often without proof of damages, there is no legislative equivalent.

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