Nothing is more valuable than your privacy. Having quickly understood this, the Quebec legislator has strongly regulated the situation in order to offer you the necessary protections.
Unfortunately, situations of privacy violations are more common than one might think. In fact, it is even quite likely that you are experiencing a privacy violation without knowing it.
It is therefore essential to know what to expect in order to be able to quickly rectify the situation. JuriGo provides you with common examples of privacy violations and the steps to take to stop them.
Privacy Violation - What is it?
In order to pursue legal action against a person violating your privacy, it is first necessary to establish what this means. A privacy violation is the right to keep certain information about yourself confidential.
This right to maintain your privacy includes, in particular, the choice of whether you wish to share this information, as well as the way in which you wish to use it.
According to the interpretation made by Quebec legislation, privacy can include everything you do in your free time. Whether it's at home, with friends or family, it's normally expected to be included in your privacy. In short, it's what is personal, intimate, and unique to you.
However, there are limits to your privacy. Indeed, if you start sharing private information on social networks, at work, or in the middle of the street, it may become part of the public sphere.
Once you disclose this information to the public, it is highly likely that a judge will rule that it is no longer part of your privacy. They may consider that you have waived the private aspect of this type of information as soon as you publish it.
Also, if what is said is considered information that is already part of the general public's knowledge, it is not possible to claim a violation of privacy.
In conclusion, the violation of privacy is a broad and complex concept. If you are not sure if it is a violation of privacy, the best thing to do is to contact a specialized lawyer.
Do you want to contact a lawyer for a potential violation of privacy? JuriGo takes care of it for you for free with its online form.
What protections for your privacy are offered by the law?
Privacy is an aspect that is greatly valued by Quebec legislators. Indeed, it is information that is specific to you and, therefore, it is very important to ensure the protection of this information.
In Quebec, the laws follow this logic and provide numerous protections against violations of your privacy. These protections are found particularly in the Civil Code as well as in the Charter of Rights and Freedoms.
First, in the case of the Quebec Civil Code, it is specified that every person has a right to respect for their reputation and their private life. It is prohibited to violate this right without the person's consent or the law's permission.
| Art. 35. Principle Every person has the right to respect for their reputation and private life. Violation No violation may be made to a person's private life without their consent or without the law authorizing it. |
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Additionally, Article 36 of the Civil Code provides six examples of situations where a violation of privacy may be considered.
| Art. 36. Privacy Violations The following acts may be considered as privacy violations of a person: 1° Entering their home or taking anything from it; 2° Intercepting or intentionally using a private communication; 3° Capturing or using their image or voice when they are in private places; 4° Monitoring their private life by any means; 5° Using their name, image, likeness, or voice for any purpose other than legitimate public information; 6° Using their correspondence, manuscripts, or other personal documents. |
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In addition to the protection provided by the Civil Code, the Charter of Rights and Freedoms enhances it. Indeed, the Charter reiterates that every individual has the right to their privacy.
| Art. 5. Every person has the right to respect for their private life. |
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In addition to this article, the Charter lists what a person who is a victim of invasion of privacy can claim from the person who violates the law.
| Art. 49. An unlawful infringement of a right or freedom recognized by this Charter gives the victim the right to obtain the cessation of such infringement and the compensation for the resulting moral or material damage. In case of unlawful and intentional infringement, the court may also order the author to pay punitive damages. |
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Over time, courts have had to apply these laws in specific contexts. It is possible to distinguish two situations where judges have considered that there was an infringement of privacy:
- The person obtains information considered private or personal about you that you have not given your consent to, or;
- The person discloses this type of information about you to others without your authorization.
Examples of privacy infringement
Privacy infringement is a more common situation than one might think. Indeed, it can be caused by a complete stranger, but also by someone close to you. In addition, this infringement can be intentional or unintentional.
In any case, the assistance of a lawyer can be fundamental. Fortunately, JuriGo can find one for you. Don't wait any longer and fill out the form now.
1) Examples concerning your neighbor
Several examples with your neighbor can be considered as violations of privacy. First, if the latter continues to file complaints with the city or police against you so that you receive constant visits.
Also, if the neighbor in question continually takes photos inside your home or of you when you are on your property in order to build a case against you, you can take action to protect your privacy.
Finally, if they install cameras pointing towards your property in order to constantly film you, you will have the possibility to put an end to the situation.
2) Examples concerning your employer
There are many situations where your employer crosses the boundary between your private life and your work life. For example, if an illness or injury requires you to be absent for a short period (between 2 and 3 days), it could be considered an invasion of your privacy if your employer required you to specify the reason for this absence.
Also, if your employer prohibits tattoos, piercings, or hair colors, this is considered an invasion of privacy. This also applies to regulations requiring a dress code.
| Important! However, there is an exception to this infringement. Indeed, even though it is considered an infringement, it can be justified in certain cases, particularly when it is deemed to be for the purpose of protecting young people. |
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This also applies to the prohibition of wearing jewelry in your workplace. However, this may be prohibited for safety reasons. One can think of the person working in a factory with risky machinery.
Furthermore, if your employer requires you to undergo a toxic substance screening test without valid reasons, you could argue a potential violation of your privacy.
3) Examples concerning the owner of your accommodation
One of the places where the protection of your privacy is most important is when you are at home. For many, this is a rented accommodation and therefore, the landlord is required to respect this.
Therefore, the landlord does not have the right to enter your accommodation without having asked for your permission beforehand and in the absence of a valid reason to do so.
Indeed, if the fire system is activated or if there is water damage, it is possible for the latter to enter. They remain the owner of the premises and therefore have the right to preserve the building.
This prohibition from entering also applies when they want to sell the property and conduct visits. In such a case, they are required to notify you according to the deadlines required by law.
Finally, the owner would violate your privacy if they decided to install cameras in the dwelling.
4) Other examples of privacy violations to know
Apart from these three types of individuals, several other contexts may lead to a lawsuit for privacy violations.
For example, Quebec courts have recognized that you could bring a lawsuit against Google if an image of you appears on Google Maps, unless it is impossible to identify you.
Other examples may justify an infringement of privacy, including:
- The dissemination of a telephone message or email to others,
- The fact that a police officer notifies a news program of your impending arrest,
- The public announcement of your sexual orientation or a disease without your consent, and
- The use of an image of your private property for advertising purposes.
Are you experiencing a violation of your privacy? Follow these steps!
No matter the situation, it is important not to wait and to intervene as quickly as possible in order to avoid severe consequences for you. It is possible that you may be overwhelmed by events when such a situation arises.
JuriGo offers you a step-by-step procedure to correct the situation. However, if you do not wish to handle it yourself, a lawyer is the solution for you.
Fortunately, JuriGo can also help you by finding one for you for free.
Step 1 - Communicate directly with the person concerned
The first step is always to contact the person concerned directly and explain to them that their behavior is infringing on your privacy. Indeed, it is common for the person to be unaware of the impacts their actions have on your life.
Do not hesitate to ask them the reasons behind their actions in order to understand their motives. This will allow you to find an amicable solution without resorting to legal action.
If the person still doesn't understand the extent of their actions, you can specify that it is a violation of your privacy and therefore prohibited in Quebec under several laws. However, if this leads to nothing, the next step is to send a demand letter.
Step 2 - Send a demand letter to the person concerned
Indeed, if the person has no intention of stopping the violation of your privacy, you should send a demand letter. This letter will specify to the person concerned that if they continue to violate your privacy, you will take legal action against them.
Good to know! In addition to requesting the cessation of actions, you can also request financial compensation if you have suffered damages.
When you send a demand letter, it is important to ensure that the other person has received it and that you have proof of receipt. Therefore, it is recommended to use one of these methods to send the letter:
- Registered mail,
- Return receipt requested, or
- Delivery by bailiff.
It is always possible for you to write the demand letter yourself . However, if you want to ensure that your demand letter complies with all the rules and you want to enhance the credibility of your demand letter, the solution is to hire a lawyer.
Simplify your search with JuriGo's form and in just a few minutes, we'll find the right lawyer for you.
If you have sent the letter and after a reasonable delay, the person still hasn't acted, the next step is to initiate legal proceedings.
Step #3 - Filing a lawsuit
If the problem hasn't been resolved through a demand letter, the next step is to file a lawsuit.
In this case, it's important to ensure that you file it with the competent court. This will depend on your relationship with the offender as well as your claim.
For example, in many cases you will have to present your claim before small claims court . This court is authorized to hear any claim if you claim less than $15,000.
However, you cannot appear before small claims court if your dispute concerns:
- Defamation,
- Damage to reputation,
- A lease for a dwelling,
- A claim for more than $15,000, or;
- A request other than for money (ordering someone to do something or stop doing something).
Even though small claims court cannot compel the other person to stop their behavior, you are not necessarily without recourse if they continue to infringe on your privacy. In fact, you can return to small claims court.
In small claims court, you cannot be represented by a lawyer. However, they can still assist you before the trial. For example, they could draft your lawsuit and advise you on how to prepare well.
JuriGo can find this lawyer for you for free thanks to its free form!
In the case where the offender is your landlord , you will have to opt for the Administrative Housing Tribunal where you can request financial compensation or even termination of the lease.
Finally, in the case of a violation of your privacy, you can claim, in addition to financial compensation, punitive damages. This amount will be accessible to you if you demonstrate that the offender intentionally and faultily infringed on your privacy.
This is an amount that is added to your expected financial compensation. These damages are intended to deter the offender from continuing their behavior, unlike the usual claim that attempts to compensate you.
Stop the violation of your privacy with a JuriGo partner lawyer.
No matter what stage you are at, the advice of a lawyer specialized in civil liability can greatly benefit you.
Indeed, the lawyer will advise you according to your particular situation and increase the credibility of your legal process with the offender.
Thanks to JuriGo's partner lawyers, you can effectively rectify the situation in the best possible way.
Fill out the form now to get a consultation with one of them!