ANALYSIS: Ontario’s New Tort Of Invasion Of Privacy: Implications For Employers
By Andrea York and Karinne Coombes, of Blake, Cassels & Graydon LLP, Toronto.
The Court of Appeal for Ontario recently recognized in Jones v. Tsige (Jones) that breaches of an individual’s privacy can provide the basis for a civil cause of action formally known as the tort of “intrusion upon seclusion”.
The decision has implications for employers and underscores the importance of safeguarding sensitive personal information that employees have access to at work.
In Jones, Winnie Tsige, a bank employee, viewed the bank records of Sandra Jones, a fellow bank employee, without authorization at least 174 times over a four-year period. In doing so, Tsige gained access to Jones’ personal information, including her financial transactions, date of birth, marital status, and address. When Jones became aware of Tsige’s actions, she complained to the bank. …