Law / Canada / Saskatchewan
The Privacy Act, court orders against an internet intermediary to remove or de-index intimate images
R.S.S. 1978, c. P-24, ss. 7.1, 7.7(1)(b.1)
In force since .
A notice and action rule binding public and private bodies.
- Obligation class
- Governance
As of .
What it requires
- If a Saskatchewan court orders you, as an internet intermediary or other person or organization, in an action for the non-consensual distribution of an intimate image, to remove or de-index the plaintiff's intimate images, make every reasonable effort to remove or de-index all of them (s. 7.7(1)(b.1)(iii)).
These lines are LexLint's reading of the law's text, as of .
What this law does
In an action for the non-consensual distribution of an intimate image, the court may order any internet intermediary or other person or organization to make every reasonable effort to remove or de-index all intimate images of the plaintiff. The court may also order the defendant to make every reasonable effort to make the intimate images unavailable to others, including by having them removed from any platform operated by an internet intermediary and de-indexed from any internet search engine.
An intimate image is a visual recording of a person, whether or not the person is identifiable or the image has been altered in any way, in which the person is or is depicted as nude or engaging in explicit sexual activity and which was recorded in circumstances that gave rise to a reasonable expectation of privacy. The intermediary orders were added by The Privacy (Intimate Images – Additional Remedies) Amendment Act, 2022, which received assent on . That Act came into force on assent.
When LexLint raises it
When your app profile says your app operates a social platform, reuses other publishers' content or publishes adult content.