Invasion Of Privacy

The 21st century has witnessed a revolution in the way the world communicates.  Computers have become integral to our lives –our work, health care, finances, shopping, entertainment and social networks all revolve around the internet.  The downside of this revolution is that storing our personal information “in the Cloud” leaves us vulnerable to identity theft and exploitation by telemarketers, scammers, hackers and other criminals.  These new technologies have also introduced cyber-bullying and “revenge” posting, greatly expanding the potential scope of a victim’s exposure to harm.  Despite all the safeguards that are in place, breaches of our privacy are a constant worry.

In Ontario, the courts have recognized a civil right of action for “Intrusion upon Seclusion” that provides you with a remedy if your reasonable expectation of privacy concerning your personal information has been violated, as part of a large scale data security breach or a targeted attack.

In the unfortunate event that you or a loved one has been the victim of a privacy breach you may be entitled to compensation. Our legal experts can help you navigate this complex area of law and make sure you are compensated fairly.

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What to do next

Privacy claims have evolved in our courts, alongside the Criminal law, in recognition of the increased likelihood and potential severity of the consequences of these wrongful acts.  Knowing what to do and the steps to take when you have been a victim of a privacy breach can have a huge impact on your recovery and your claim for compensation. The following actions need to be taken as soon as possible:

  • Write down the circumstances of the incident in as much detail as you can.  Depending on the nature of the breach, the evidence may be erased, so capture any online data and save it securely
  • Let your family doctor know that you have been a victim of a privacy breach, if it impacts your physical and/or psychological health.  Report all your symptoms
  • Consult a personal injury lawyer with expertise in privacy breach lawsuits. You need to understand your rights and obligations
  • Be prepared to report the incident’s impact on your health to your employer or school, and if you have disability insurance available, to inform that insurance company
  • Keep receipts of all out-of-pocket expenses

If you require assistance from your family, make sure they keep a record of dates and times they have spent caring for you, and their out-of-pocket expenses.

COMPENSATION SOURCES IN ONTARIO

At Campisi LLP, our expert lawyers will fight to ensure you receive fair compensation.  Currently, the damages for an Intrusion upon Seclusion lawsuit have been “soft-capped” by the Ontario Court of Appeal (in 2012) at a modest $20,000.  However, since that time, other claims have been advanced that greatly exceed this amount, by pairing the privacy claim with other related civil wrongs including Breach of Confidence and Intentional Infliction of Mental Distress.  In addition, claims for aggravated and punitive damages have been successfully argued.  We understand the complexities of this emerging area of law and will be with you every step of the way.

IMPORTANT TIMELINES

The general limitation for making a claim is 2 years from the time you knew or ought to have known you had a claim.  There are exceptions to this rule, so you should speak to our lawyers promptly following the incident to make sure you file your case within the statutory time limits.

Why Campisi

We Win Cases That Change The Law

At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer and a past member of the Brain Injury Society of Toronto, he is a Professor of Insurance Law at one of Canada’s top law schools – the only Personal Injury Lawyer in Ontario with a Ph.D. in Insurance Law. Our lawyers have successfully represented thousands of clients with serious injuries like these, and use their extensive knowledge of the law, the medicine and the insurance system to win your case.

We Guarantee to Always Put Your Future First

You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.

You don't pay us until your case is won or settled