Canada Dashboard Digest

Courts Set High Bar for Damage Awards

PRIVACY LAW

December 3, 2010

Those seeking privacy-related damages are finding that Canadian courts have set the bar high. Writing for the Toronto Star, Michael Geist highlights two recent Federal Court decisions that "arrived at the same conclusion--personal privacy is not worth much when it comes to actual compensation for privacy breaches or abuses." Although in both cases the privacy commissioner and the courts agreed that complainants' privacy rights had been violated, damages were refused. Geist writes, "While the desire to limit damage awards to serious privacy breaches is understandable, the evolving case law may have the unintended consequence of diminishing respect for privacy compliance."
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