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Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
Revision as of 23:33, 29 November 2022
, 23:33, 29 November 2022→H. The BC Privacy Act
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== H. The BC Privacy Act == | == H. The BC Privacy Act == | ||
BC ''Privacy Act'', RSBC 1996, c 373, makes it a “tort, actionable without proof of damages, for a person, wilfully and without claim of right, to violate the privacy of another” (s 1). Subsection 1(2) of the ''Act'' entitles a person to the nature and degree of privacy that is “reasonable in the circumstances”, but the ''Act'' itself gives limited guidance to the courts on what particular circumstances are deemed to be an unreasonable invasion of privacy. However, section 2 does set out a number of exceptions. | BC ''Privacy Act'', RSBC 1996, c 373, makes it a “tort, actionable without proof of damages, for a person, wilfully and without claim of right, to violate the privacy of another” (s 1(1)). Subsection 1(2) of the ''Act'' entitles a person to the nature and degree of privacy that is “reasonable in the circumstances”, but the ''Act'' itself gives limited guidance to the courts on what particular circumstances are deemed to be an unreasonable invasion of privacy. However, section 2 does set out a number of exceptions. | ||
Most of the reported cases brought under the ''Act'' have been unsuccessful, largely because the courts have been reluctant to accept a broad view of what type of expectations of privacy are reasonable. One difficulty with the ''Act'' is that a person offended by an invasion of privacy is unlikely to seek redress through a public process that will have the effect of further airing the private matter. | Most of the reported cases brought under the ''Act'' have been unsuccessful, largely because the courts have been reluctant to accept a broad view of what type of expectations of privacy are reasonable. One difficulty with the ''Act'' is that a person offended by an invasion of privacy is unlikely to seek redress through a public process that will have the effect of further airing the private matter. | ||