Law / Canada / Saskatchewan
Privacy Act, statutory tort of violation of privacy
In force since .
An enforcement supervision rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Consent
- Audit expectation
- none
As of .
What it requires
- Do not wilfully and without claim of right violate the privacy of another person; the violation is a tort actionable without proof of damage (s. 2).
- Do not watch, listen to, record or follow a person by any means, listen to or record a conversation in which you do not take part as a lawful party, or use a person’s name, likeness or voice for advertising or other gain, without the consent, expressed or implied, of the person or of someone with lawful authority to give it; each is prima facie evidence of a violation (s. 3).
- Expect privacy to be measured as what is reasonable in the circumstances, with regard to the nature, incidence and occasion of the act, its effect on the person, any relationship between the parties and the conduct of both before and after (s. 6).
- Be ready for the remedies the court may order: damages, an injunction, an accounting of profits, delivery up of articles or documents, and any other relief that appears necessary (s. 7).
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 claim of right to violate the privacy of another person.
Proof of auditory or visual surveillance of a person by any means, of listening to or recording a conversation in which the person participates or messages to or from the person passing by means of telecommunications otherwise than as a lawful party, or of use of the person’s name, likeness or voice for advertising or other gain, made without consent, is prima facie evidence of a violation of privacy.
An act is not a violation of privacy where it is consented to, expressly or impliedly, was incidental to the exercise of a lawful right of defence of person or property, or was authorized or required by or under a law in force in the province or by a court. A publication is not a violation of privacy where there were reasonable grounds for belief that the matter published was of public interest or was fair comment on a matter of public interest.
The nature and degree of privacy to which a person is entitled is that which is reasonable in the circumstances, due regard being given to the lawful interests of others. In an action for violation of privacy the court may award damages, grant an injunction, order the defendant to account for profits, order the defendant to deliver up articles or documents, or grant any other relief that appears necessary.
A right of action for violation of privacy under Part 1 is extinguished by the death of the person whose privacy is alleged to have been violated. The Crown is bound by the Act. The consolidation prints the Act as Chapter P-24 of The Revised Statutes of Saskatchewan, 1978, effective .
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings, generates content with AI or tracks devices.