ARTICLE · 03 FEBRUARY 2020

At What Point Does The Failure Of An Organization's Security Safeguards Amount To Recklessness?

Dentons Canada LLP

The tort of intrusion upon seclusion, as set out by the Ontario Court of Appeal in Jones v Tsige, requires the defendant's conduct to be intentional, or, at a minimum, reckless.

CanadaPrivacy

Luca Lucarini

Author LinkedIn connections

The tort of intrusion upon seclusion, as set out by the Ontario Court of Appeal in Jones v Tsige, requires the defendant's conduct to be intentional, or, at a minimum, reckless. The question is: at what point does the failure of an organization's security safeguards amount to recklessness? This was the question addressed by the Ontario Superior Court of Justice in the recent case, Wilson-Flewelling v Queensway Carleton Hospital, 2019 CanLII 65155 (ON SCSM) ("Queensway Carleton Hospital").

The facts

The court heard that the Plaintiff, Ms. Wilson-Flewelling, had attended the defendant hospital ("Hospital") to book a surgical procedure, that the Hospital's medical office administrator had left a completed surgical booking package in the Hospital's dedicated, locked drop box, and that the Plaintiff had unexpectedly received the package in the mail a week later. None of the hospital staff could account for how the package ended up being returned to the Plaintiff. The

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

At What Point Does The Failure Of An Organization's Security Safeguards Amount To Recklessness?

The facts

Related Articles

Privacy Reform Hits The M&A Deal Table: What Bill C-36 Means For Buyers, Sellers And Boards

A Comparison Of The PPCDA, PIPEDA, Quebec's Privacy Act And PIPA: Part 2

Canada’s New Children’s Privacy Code Signals Regulatory Expectations Of Online Services

PHP Security Vulnerabilities: Legal Considerations For Your Organization

The New Canadian Children's Privacy Code Could Impact Your Organization

Read more about

Related Comparative Guides

Data Protection & Cybersecurity

See more popular content from

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Draft Canadian Security Breach Regulations Finally Unveiled

The Price Of A Data Breach: Target Reaches $10M Settlement In U.S. Privacy Class Action

Canada’s Children’s Privacy Code: What It Means For Your Organization

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canadian Privacy Regulators Publish Findings And Guidance On OpenAI Privacy Compliance

The New Canadian Children's Privacy Code Could Impact Your Organization

Canada’s OpenAI Findings: What Businesses Need To Know About AI And Privacy Compliance

Quebec's Privacy Law 25: What You Need To Know