Understanding Ontario’s civil privacy rights: Reasonable Doubt


From NOW Journal’s Reasonable Doubt column: On August 23, 2018, the Supreme Courtroom of Canada introduced that it could not hear an enchantment from the Toronto Actual Property Board (TREB) in TREB’s long-running authorized battle towards the federal Commissioner of Competitors. Because of this resolution, TREB can not forestall the dissemination of itemizing and offered worth information for properties in Toronto.

One in all TREB’s main (and in the end unsuccessful) arguments towards the discharge of this information associated to what TREB characterised because the privacy pursuits of the person purchasers and sellers of property. Particularly, TREB argued that the Private Data Safety and Digital Paperwork Act (PIPEDA), which prohibits firms from distributing the non-public data of their clients with out their clients’ consent, utilized to stop the distribution of this information. In dismissing this argument, the Federal Courtroom of Enchantment, which made the resolutionthat TREB was in search of to enchantment additional to the Supreme Courtroom, famous that purchasers and sellers had consented to the distribution of this data after they signed their respective agreements with TREB brokers and brokerages. The court docket additionally famous that the way in which wherein TREB had raised this problem made it look like after-the-fact justification for anticompetitive behaviour, moderately than a legit concern on the a part of TREB.

Whereas PIPEDA, and the privacy rights protected by PIPEDA, didn’t apply to stop the distribution of itemizing and offered worth information on this case, it’s price contemplating what PIPEDA does defend. Broadly talking, PIPEDA applies to organizations (each industrial and governmental) that acquire private data in the midst of carrying on their respective actions. PIPEDA units out restrictions on the use and disclosure of such private data, and prescribes restricted circumstances wherein an individual’s private data can be utilized or disclosed with out the consent of the particular person.

Learn extra: Understanding Ontario’s civil privacy rights: Reasonable Doubt




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