Panning for gold in the mud: the availability of privacy damages under PIPEDA
More than 10 years after the introduction of federal private sector privacy legislation in Canada, damage awards for breaches of the law have been few and far between -- and where such awards have been made, the dollar amounts awarded have been modest.
In light of the sometimes confusing, and even contradictory judgments to date, there is also considerable uncertainty as to when such damages might be awarded, and what evidentiary test a complainant might have to meet.
In Panning for gold in the mud: the availability of privacy damages under PIPEDA, in the December 2011 edition of the Canadian Privacy Law Review, David Elder of our Privacy and Data Protection Group, attempts to knit together the existing case law into a coherent analytic framework for the availability of privacy damages in Canada.
Article reproduced with permission of the publisher from Canadian Privacy Law Review, Vol. 9, No. 1, December 2011.
