Understanding Breach of Privacy in Ontario

In today’s digital age, privacy is a critical concern for individuals and businesses alike. With the increasing amount of personal information shared online, the risk of a breach of privacy has never been higher. In Ontario, the legal framework surrounding privacy rights is complex, and understanding your rights is essential if you believe your privacy has been violated.

What is a Breach of Privacy?

A breach of privacy occurs when personal information is accessed, collected, used, or disclosed without consent. This can happen in various ways, including:

• Unauthorized Access: When someone gains access to your personal information without permission.
• Disclosure Without Consent: Sharing your personal information with others without your explicit consent.
• Invasion of Privacy: Engaging in actions that intrude on your private life, such as surveillance or tracking without your knowledge.

Legal Framework for Privacy in Ontario

Ontario does not have a singular, comprehensive privacy law; instead, privacy is protected under various statutes and common law principles, depending on the context of the breach.

1. Personal Health Information Protection Act (PHIPA):
   • PHIPA governs the collection, use, and disclosure of personal health information by health care providers in Ontario. If your health information is mishandled, you can file a complaint with the Information and Privacy Commissioner of Ontario (IPC).
2. Freedom of Information and Protection of Privacy Act (FIPPA):
   • FIPPA applies to provincial government institutions and protects personal information held by these institutions. It also grants individuals the right to access their personal information.
3. Municipal Freedom of Information and Protection of Privacy Act (MFIPPA):
   • MFIPPA is similar to FIPPA but applies to municipal government institutions in Ontario. It governs the handling of personal information by these bodies.
4. Common Law Tort of Intrusion Upon Seclusion:
   • In 2012, the Ontario Court of Appeal recognized the tort of “intrusion upon seclusion,” allowing individuals to sue for damages if someone intentionally intrudes upon their private affairs in a manner that would be considered highly offensive to a reasonable person.

What to Do If Your Privacy is Breached

If you suspect that your privacy has been breached, it’s important to take immediate action:

1. Document the Breach:
   • Gather evidence of the breach, including how and when it occurred, who was involved, and the impact it has had on you. This could include screenshots, emails, or any communication related to the breach.
2. Report the Breach:
   • Depending on the nature of the breach, you may report it to the relevant authority. For example, if it involves personal health information, report it to the IPC. For breaches involving government institutions, you can file a complaint under FIPPA or MFIPPA.
3. Seek Legal Advice:
   • Consult with a lawyer who specializes in privacy law. They can guide you through the process of filing a complaint or pursuing legal action. If the breach falls under the common law tort of intrusion upon seclusion, a lawyer can help you assess whether you have a case for damages.
4. Consider Your Options for Resolution:
   • Depending on the circumstances, you may seek a resolution through mediation, a formal complaint process, or litigation. In some cases, you may be entitled to compensation for the breach of your privacy.

Preventing Privacy Breaches

To protect your privacy, consider taking the following proactive steps:

• Be Cautious with Personal Information: Only share personal information with trusted entities, and be mindful of how your information is used.
• Use Strong Passwords and Encryption: Protect your digital data with strong, unique passwords and encryption where possible.
• Stay Informed About Your Rights: Understanding your privacy rights can empower you to take action if those rights are violated.

Conclusion

Privacy is a fundamental right that must be protected. In Ontario, the legal landscape provides several avenues to address and remedy breaches of privacy. Whether the breach involves personal health information, government records, or a more general invasion of privacy, knowing your rights and the appropriate steps to take can help you safeguard your personal information and hold those responsible accountable.

If you believe your privacy has been breached, don’t hesitate to seek us for legal aid and take the necessary steps to protect yourself. Privacy matters, and so do your rights.