Privacy Act, tort of violation of privacy
In force since .
An enforcement supervision rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition, Consent
As of .
What it requires
- Do not substantially, unreasonably and without claim of right violate the privacy of another person; an action can be brought without proof of damage (s. 2).
- Do not conduct auditory or visual surveillance of a person, their home or other residence, or a vehicle, and do not listen to or record a conversation in which the person participates, or their messages, passing over telephone lines, unless you are a lawful party or have lawful authority (s. 3(a)-(b)).
- Do not use a person's name, likeness or voice for advertising, promoting the sale of property or services, or any other purpose of gain without authorization where the person is identified or identifiable and you intend to exploit it (s. 3(c)).
- Do not use a person's letters, diaries or other personal documents without the person's consent or the consent of the person who holds them with that person's consent (s. 3(d)).
These lines are LexLint's reading of the law's text, as of .
What this law does
A person who substantially, unreasonably, and without claim of right, violates the privacy of another person commits a tort against that other person. An action for violation of privacy may be brought without proof of damage. Privacy may be violated by auditory or visual surveillance of a person, their home or other place of residence, or any vehicle, by any means including eavesdropping, watching, spying, besetting or following.
Privacy may be violated by listening to or recording a conversation in which the person participates, or messages to or from the person, passing along, over or through any telephone lines, otherwise than as a lawful party or under lawful authority.
Privacy may be violated by the unauthorized use of a person's name, likeness or voice for advertising or promoting the sale of any property or services, or for any other purpose of gain, if the person is identified or identifiable and the user intended to exploit it. Privacy may also be violated by using a person's letters, diaries and other personal documents without the person's consent.
In an action the court may award damages, grant an injunction if it appears just and reasonable, order the defendant to account for profits, and order delivery up of articles or documents. It is a defense that the person expressly or by implication consented, or that the defendant acted reasonably and neither knew nor should reasonably have known the conduct would violate anyone's privacy. The Act as re-enacted in the Revised Statutes of Manitoba, 1987 came into force on .
When LexLint raises it
When your app profile says your app crawls the web, generates content with AI, sends automated outreach, processes voice recordings, processes biometric data, records calls, records text chat or tracks devices.