DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Canada: Employer’s Potential Liability In Class Action For Employee’s Breach of Privacy

Posted on June 26, 2014 by Dissent

Ryley Mennie of McCarthy Tétrault LLP writes:

A recent decision of the Ontario Superior Court of Justice highlights the increasing focus on (and potential liability arising from) customers’ and clients’ privacy rights and the importance for employers to properly monitor the activities of their employees. Additionally, while the decision comes from Ontario, which, unlike British Columbia, has endorsed the tort of “intrusion upon seclusion”, it also raises questions about whether British Columbia courts will eventually recognize the tort.

Evans v The Bank of Nova Scotia was a decision regarding the certification of a class action that involved a bank employee who admitted to accessing and stealing personal information from 643 of the bank’s clients for fraudulent purposes. Two of those clients – Michael and Crystal Evans – were named as representative plaintiffs in the class action alleging vicarious liability against the bank for a number of causes of action, including the tort of intrusion upon seclusion, endorsed by the Ontario Court of Appeal in 2012.

The court certified the class action, finding that the bank had created the opportunity for its employee to abuse his power by allowing him unsupervised access to clients’ personal information without installing any monitoring system and that there was a significant connection between the risk created and the employee’s wrongful conduct.

Read more on Mondaq.


Related:

  • Revealed: Afghan data breach after MoD official left laptop open on train
  • Canada says hacktivists breached water and energy facilities
  • UK: FCA fines former employee of Virgin Media O2 for data protection breach
  • Former General Manager for U.S. Defense Contractor Pleads Guilty to Selling Stolen Trade Secrets to Russian Broker
  • The 4TB time bomb: when EY's cloud went public (and what it taught us)
  • China Amends Cybersecurity Law and Incident Reporting Regime to Address AI and Infrastructure Risks
Category: Commentaries and AnalysesFinancial SectorInsiderNon-U.S.

Post navigation

← Personal files from late Orlando attorney’s office thrown in dumpster
Designing Technology to Restore Privacy →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says
  • The Case for Making EdTech Companies Liable Under FERPA
  • NHS providers reviewing stolen Synnovis data published by cyber criminals

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation
  • Who’s watching the watchers? This Mozilla fellow, and her Surveillance Watch map

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.