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Privacy Torts

Herbert Smith Freehills Kramer

Protecting your business: The implications of Australia’s new privacy tort

On 10 June 2025, the new statutory tort for serious invasions of privacy came into force as part of a suite of privacy reforms passed last year, substantially enhancing privacy protections and signalling a material shift in...more

Katten Muchin Rosenman LLP

New Serious Invasion of Privacy Tort in Australia for Privacy Comes Into Effect

In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth). The new statutory tort for serious invasion of privacy was introduced and passed under the Privacy and Other Legislation...more

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

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On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more

A&O Shearman

End of the Road for Representative Actions in English Data Claims

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How should multiple claimants seek compensation for alleged data misuse? It had originally been thought that the answer might be a representative action; an “opt-out” procedure enabling a single claimant to bring proceedings...more

K&L Gates LLP

The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?

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On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous...more

Bennett Jones LLP

Judicial Economy, Access to Justice and Certainty in the Law

Bennett Jones LLP on

The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more

Jaburg Wilk

How Social Media Can Impact Your Divorce Proceeding

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Using social media as a weapon to harm your spouse, whether intentionally or unintentionally, during the pendency of a divorce case can have serious negative consequences. Courts may consider social media activity as evidence...more

K&L Gates LLP

A Statutory Tort for Serious Invasions of Privacy?

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Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images...more

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

Stikeman Elliott LLP on

In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more

Bennett Jones LLP

The Tort of "Public Disclosure of Private Facts" Now Recognized in Alberta

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In ES v Shillington, 2021 ABQB 739 [Shillington], the Alberta Court of Queen's Bench recognized the tort of public disclosure of private facts for the first time in Alberta. This decision expands remedies available to...more

Littler

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

Littler on

Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context.  In this decision, Justice Kristjanson of the Ontario Superior...more

International Lawyers Network

WORLD FAMOUS (By, Say, New Jersey Standards): Expanding The Right Of Publicity Nationally And Internationally

Springsteen. Sinatra. Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar). At least some of the people that rest stops on the New Jersey Turnpike are named after. These public figures...more

Womble Bond Dickinson

Georgia Supreme Court: The State Is Not Its Citizens’ Data Keeper

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According to the highest court in the state, Georgia state government does not have an inherent obligation to protect citizens’ personal or sensitive data like social security numbers or status on the unemployment rolls. This...more

Payne & Fears

Key California Employment Law Cases: February 2018

Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Smart & Biggar

Celebrities, personality rights and privacy: what marketers need to know about permission

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William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

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