Law / Canada / Newfoundland and Labrador
Privacy Act, tort of violation of privacy
R.S.N.L. 1990, c. P-22, ss. 3-6
In force.
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 wilfully and without a claim of right violate the privacy of an individual; the tort is actionable without proof of damage, and the privacy an individual is entitled to is what is reasonable in the circumstances, regard being given to the lawful interests of others (s. 3).
- Do not conduct auditory or visual surveillance of an individual, by any means including eavesdropping, watching, spying, harassing or following, and do not listen to or record a conversation in which the individual participates, or the individual's messages passing by means of telecommunications, unless you are a lawful party; without the consent of the individual or of a person with lawful authority to give it, this is in the absence of evidence to the contrary proof of a violation (s. 4(a)-(b)).
- Do not use an individual's name, likeness or voice to advertise or promote the sale of, or trading in, property or services, or for other purposes of advantage to you, where the individual is identified or identifiable and you intended to exploit it, without the individual's consent or that of a person with lawful authority to give it (s. 4(c)).
- Do not use an individual's letters, diaries or other personal documents without the consent of the individual or of a person with lawful authority to give it (s. 4(d)).
These lines are LexLint's reading of the law's text, as of .
What this law does
It is a tort, actionable without proof of damage, for a person, wilfully and without a claim of right, to violate the privacy of an individual. The nature and degree of privacy to which an individual is entitled in a situation or in relation to a matter is that which is reasonable in the circumstances, regard being given to the lawful interests of others.
Proof of surveillance of an individual by any means, of listening to or recording a conversation in which the individual participates or messages to or from the individual passing by telecommunications otherwise than as a lawful party, of the use of the individual's name, likeness or voice for advertising or other advantage where the individual is identified or identifiable and the user intended to exploit it, or of the use of the individual's letters, diaries or other personal documents, without the consent of the individual or of a person with lawful authority to give it, is in the absence of evidence to the contrary proof of a violation of privacy.
An act or conduct is not a violation of privacy where it is consented to by a person entitled to consent, where it was incidental to the exercise of a lawful right of defence of person or property, or where it was authorized or required under a law in force in the province or by a court.
A publication of a matter is not a violation of privacy where the matter published was of public interest or was fair comment on a matter of public interest, or where the publication was privileged under the rules of law relating to defamation. In an action for violation of privacy the court may award damages, grant an injunction, order the defendant to account for profits, order the delivery of articles or documents and grant other relief that appears necessary.
An action for violation of privacy shall be heard and determined by the Trial Division. A right of action for violation of privacy is extinguished by the death of the individual whose privacy is alleged to have been violated. Where there is a conflict between the Privacy Act and another Act, whether general or special, the Privacy Act prevails. The Act binds the Crown.
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.