The Ontario Superior Court of Justice in Jane Doe 464533 v ND (2016 ONSC 541) has expanded the tort of privacy to incorporate the publication of embarrassing facts.  It is a very significant decision and an advance in the development of the law of privacy, in Canada at least.  It is also a key case considering the egregious practice of revenge porn.  The commentary will be quite useful in the development of the tort in relation to this type of fact situation.

FACTS

The parties met while at high school and started dating while they were both in Grade 12.  They stopped dating but continued to see each other romantically throughout Read the rest of this entry »

Internet service providers, technology based companies and businesses who rely on safe communication on line rely on encryption and security features are protective of their integrity.  There was plenty enough reputational blow back to go around several times when Read the rest of this entry »

Verizon highlighted the concerning extent of data breaches involving health information in 2015 in its report 2015 Protected Health Information Data Breach Report.  The vast majority Read the rest of this entry »

It is a truism that the resources sector is an early adopter of technology, particularly that of Read the rest of this entry »

The Information Commissioner has produced a very useful guide relating to IT security.  It is Read the rest of this entry »

The internet of things is changing the way children use their toys.  Ten years ago toys were overwhelmingly self contained objects, even the electronic ones.  The extent to which they were interactive was confined to basic voice recognition features and rudimentary command responses.  Of course a huge number of toys remain “old school”; Lego, matchbox cars and the ubiquitous teddy bears.  But many are now Read the rest of this entry »

There is a distinct subset of data breaches where the intention is to embarrass by posting personal information on line.  It is particularly embarrassing Read the rest of this entry »

The internet of things opens up particular data security and privacy issues.  The more interaction between the device and its user the more opportunities for a breach by a hacker.  And the usual entrepot is through the app.  Often developed without any concept of privacy by design and with the Read the rest of this entry »

The European Network and Information Security Agency (ENISA) in its report Big Data Threat Landscape and Good Practice Guide has signalled Read the rest of this entry »

Sometimes the figures are so staggering that one has to pause and ask, is that right?  Or even possible?!?

One of those moments came Read the rest of this entry »