Cyber-Security And The Rise Of The Vigilante Hacker

Can illegally obtained data be used in a civil proceeding?

In the world of cyber hacks and leaks, there are two general categories of players: the fraudsters who steal data in order to obtain a profit, and the "hacktivists" who expose data, purportedly for the greater good.

Attacks by vigilante hackers highlight an emerging issue in the world of cyber-security: can illegally obtained data be used in a civil proceeding? A consideration of the case law in Canada suggests that the courts will permit its use provided that the cyber-breach was committed by a third party and not by the litigant him or herself.

Incidents of hacktivism are on the rise. High profile cases include the release of the Panama Papers, a database containing over 11.5 million stolen records, Edward Snowden's release of the U.S. National Security Agency's global surveillance records,¹ and Julian Assange's creation of WikiLeaks, which continues to anonymously publish "restricted official