With the explosion of smartphones and tablets everyone is taking photos and videos, posting them online in the blink of an eye. Never before have we had the instant ability to share information with so many people so quickly. And in many ways it has made our lives better, but it’s come with a cost: a loss of privacy and confidentiality.
That loss of privacy and confidentiality can sometimes cause serious harm–like when sexually explicit videos or photographs are shared without consent. Posting of personal information can lead to emotional problems, such as depression or anxiety, and can even result in the loss of a job.
The good news is that Ontario courts are adapting, actively seeking to protect legitimate privacy and confidentiality concerns. Laws dealing with Breaches of Confidence, Invasion of Privacy and even Intentional Infliction of Mental Distress are being updated to reflect the changing times. These are often similar concepts, but legally they are separate grounds for compensation and require different evidence to prove.
Courts can also award extra damages to punish the wrongdoer. These are called aggravated and punitive damages and their sole purpose is to send a message that this type of conduct is simply not acceptable in our society.
The law keeps evolving to meet new challenges and concerns arising from our increasing use of technology and you need lawyers who are not afraid to pursue your rights; lawyers who are sensitive to the fact that these claims involve highly personal information. We can help guide you through this often difficult process. Call us at 416-533-7133 for a free consultation.