Tag: privacy act

BC Considering Revenge Porn Law Clearing Way For Better Victim Access to Justice

Currently if you are the victim of revenge porn there are various legal remedies in British Columbia.  While there are various different civil routes to seek redress it is a legal area with shortcomings.

Today the BC Government announced that they are exploring “possible legislation to address the non-consensual distribution of intimate images” including ways “to achieve results faster and get better access to justice.”  The government has invited stakeholder groups and members of the public to share their views until June 2021.

The full press release reads as follows:

Province of British Columbia
NEWS RELEASE
For Immediate Release
2021FIN0033-000850
May 6, 2021
Ministry of Finance
Gender Equity Office
Consultation underway to help victims of revenge porn
VICTORIA – The Government of British Columbia is undertaking consultations on possible legislation to address the non-consensual distribution of intimate images, also known as revenge porn or image abuse.

While the publication of intimate images without consent is an offence under Canada’s Criminal Code, potential provincial legislation could provide additional tools for people to protect themselves and seek recourse. Grace Lore, Parliamentary Secretary for Gender Equity, will lead the consultation on behalf of David Eby, Attorney General.

“Without consent, circulating or threatening to distribute an intimate image is a form of sexual violence with traumatic and lasting impacts,” Lore said. “The non-consensual sharing of images can be a form of intimate partner violence or be used to extort victims for additional images, sex or money. We believe a comprehensive B.C. approach can make a real difference for people to achieve results faster and get better access to justice.”

B.C. legislation could provide a new option to ensure people have an efficient way to have posted images taken down and destroyed. It could also create a new process for people to claim compensation from wrongdoers. The potential legislation could also address the threat of distributing images and prevent such harms from occurring in the first place. The scope of the legislation could also apply to altered images, known as deep fakes.

According to Cybertip.ca, reported incidents of non-consensual disclosure of intimate images increased 58% by the start of 2021, compared to the nine-month period prior to April 1, 2020. This included a 94% increase in youth reporting and a 44% increase in adults reporting.

Consultations with stakeholder groups are ongoing until June 2021. Members of the public can also submit their views by emailing submissions to: imageprivacy@gov.bc.ca

 

Did ICBC Snoop in my Private Records When I Was Called for Jury Duty?

Given ICBC’s admitted snooping in jurors private records in a recent personal injury trial in Victoria, BC, many people who have sat as jurors or even called as witnesses in ICBC Injury Cases may be wondering whether their records were compromised when they were called to court to perform their civic duty.

ICBC’s public take on the matter is that to the very best of ICBC’s knowledge “this was an isolated incident“.
For the sake of people who have sat on civil juries in the past and for the integrity of the administration of justice in BC I certainly hope that is the case.  However, ICBC has by their own admission not completed a full review of past jury cases at this time.  As I write this article ICBC’s website states that “we have already begun a full review of previous cases handled by the defence counsel in question” and “we are undertaking a review of past jury trials and will report on our findings”  so the possibility of this occurring in other ICBC jury trials cannot be excluded.
If you sat on a jury in an ICBC Case or were called as a witness in an ICBC case and are wondering whether your private records were compromised and misused can you do anything to get to the bottom of matters?  
The answer is yes and is contained in the BC Freedom of Information and Protection of Privacy Act.  This act makes public bodies (such as ICBC) more accountable to the public with respect to the protection of personal privacy and gives members of the public certain rights with respect to the access of records held by these bodies.
So, if you sat on a jury in an ICBC Claim and during that time had an active claim of your own and are wondering if ICBC misused your private records you can make an application under section 5 of the Act and ask ICBC to share your records with you including information about whether anyone from ICBC accessed your file during the time you were on jury duty.
If you have any questions about making a Freedom of Information Request for your ICBC records you can contact a BC Personal Injury Lawyer or a Lawyer experienced in privacy matters.  These requests are routinely made in ICBC claims and assistance can be provided by experienced people if needed.
What if you find out that your records were misused?  Hopefully ICBC will make proper amends if this is the case as “The responsibility of protecting the private information of our customers is something that ICBC takes very seriously.”  As I previously posted, a separate law called the BC Privacy Act, makes it a tort if your privacy was violated “willfully and without claim of right” and this legislation is worth reviewing for anyone concerned about their privacy and the potential misuse of private records by public bodies.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer