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Privacy
Monday, 23 January 2012 17:25
The Ontario Court of Appeal Recognizes a New Privacy TortWritten by Teresa Scassa
In its unanimous decision in Jones v. Tsige, 2012 ONCA 32, the Ontario Court of Appeal recognized at least one subset of a common law right of action for invasion of privacy. This subset, which the court calls the tort of “intrusion upon seclusion” is one of four privacy-related torts identified by U.S. law professor William L. Prosser in his article “Privacy”((1960), 48 Cal. L.R. 383 at 389), and adopted by the U.S. Restatement (Second…
Tuesday, 17 January 2012 12:24
Fresh Questions about the Constitutionality of PIPEDA?Written by Teresa Scassa
A recent decision of the Supreme Court of Canada on the constitutionality of the proposed federal Securities Act raises interesting questions regarding the constitutionality of the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA was enacted by the federal government in 2000, and sets rules for private sector data protection that apply to all organizations engaged in commercial activity across the country. The authority of the federal government to enact such a law has…
Published in
Privacy
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Electronic Commerce and Internet Law in Canada, 2nd EditionPublished in 2012 by CCH Canadian Ltd.
Intellectual Property for the 21st CenturyIntellectual Property Law for the 21st Century: Interdisciplinary Approaches
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