New Tort of Intrusion Upon Seclusion and Electronic Health Records

Lorman Educational Services Live Seminar, Toronto, ON, December 4, 2014

26 Pages Posted: 6 Dec 2014 Last revised: 27 Jul 2015

See all articles by Omar Ha-Redeye

Omar Ha-Redeye

Durham Community Legal Clinic; Ryerson University; Fleet Street Law

Date Written: December 4, 2014

Abstract

The new tort of intrusion upon seclusion has revamped the area of privacy law in Canada. In addition to creating a private tort action for privacy invasions, the Jones v. Tsige decision has created entirely different risk management concerns for health institutions, who often possess and maintain some of the most sensitive information in society. The modest damage awards in such privacy actions initially did not appear to make them a feasible cause of action when standing alone. However, several recent class actions which include this new tort have demonstrated that not only can intrusion upon seclusion be effectively used in litigation, but that these claims can have significant financial consequences. Health administrators and managers should ensure proper measures are employed to minimize the risk to their institutions.

Keywords: intrusion upon seclusion, privacy law, health law, medical records

JEL Classification: I18, K32, K13

Suggested Citation

Ha-Redeye, Omar, New Tort of Intrusion Upon Seclusion and Electronic Health Records (December 4, 2014). Lorman Educational Services Live Seminar, Toronto, ON, December 4, 2014, Available at SSRN: https://ssrn.com/abstract=2533987

Omar Ha-Redeye (Contact Author)

Durham Community Legal Clinic ( email )

200 John Street West, Unit B1
Oshawa, Ontario L1J2B4
Canada
905-728-7321 (Phone)
905-728-6362 (Fax)

HOME PAGE: http://www.durhamcommunitylegalclinic.ca

Ryerson University ( email )

350 Victoria Street
Toronto, Ontario M5B 2K3
Canada

Fleet Street Law ( email )

Toronto, Ontario
Canada
4165467412 (Phone)
4165467412 (Fax)

HOME PAGE: http://FleetStreetLaw.com

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