How landmark voyeurism ruling impacts insurers

If your client is sued for breach of privacy, the judge could look to last week’s voyeurism ruling by the Supreme Court of Canada for guidance, a privacy lawyer suggests.

In R. v. Jarvis, released Feb. 14, the Supreme Court of Canada convicted Ryan Jarvis of criminal voyeurism for surreptitiously filming students at Beal Secondary School in London, Ont.

But the Jarvis ruling can also influence non-criminal cases that have nothing to do with voyeurism because much of the decision discussed the concept of reasonable expectation of privacy.

“This will likely inform court decisions in the context of civil privacy right lawsuits (like, for example, breach of privacy and ‘intrusion upon seclusion’ claims),” wrote David Fraser, privacy lawyer for McInnes Cooper, in an article published Wednesday on CanLII Connects.

“This means that businesses that collect, hold and distribute information about their customers, employees, or otherwise – such as employers that conduct surveillance in or outside of the workplace, or insurers that engage in surveillance of claimants – will need to consider more than merely whether their conduct complies with privacy legislation,” added Fraser. ..Read More..

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