Bill 232 — Third Session, 17Th Legislature, "G8Tier~~T'H ~ F : Rr Pi Nne the Legislative Assembly of Alberta Bill 232 the Privacy Act (Legislature 17, Session 3)

L17 S3 5380

Alberta — Bills

1974 Bill 232 Third Session, 17th Legislature, "g8tIER~~t'h ~ f : rr pi nne THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 232 The Privacy Act MR. WILSON First Reading . . . . . . .. . ......... " .......... . Second Reading ............................. . Third Reading Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 232 Mr. Wilson BILL 232 1974 THE PRIVACY ACT (Assented to ,1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.. In this Act, (a) "defamation" means libel or slander; (b) "family" means the husband, wife, child, step-child, parent, step-parent, brother, sister, half-brother, half-sister, step-brother, step-sister, in each case whether 'legitimate or born out of wedlock, of a person. 2. It is a tort, actionable without proof of damage, for a person, wilfully and without claim of right, to violate the privacy of another person. 3. Without limiting the generality of

section 1, proof that there has been (

a) surveillance, auditory or visual, whether or not ac complished by trespass, of a person, by any means including eavesdropping, watching, spying, beset ting or following, or (

b) listening to or recording of a conversation in which a person participates, or listening to or recording of messages to or from that person passing by means of telecommunications, 'Otherwise than as a lawful party thereto, or (

c) use of the name or likeness or voice of a person for the purposes of advertising or promoting the sale of, or any other trading in, any property or services, or for any other purposes of gain to the user if, in the course 'Of the us'e, :the person is iden tified or identifiable and the user intended to exploit the name or likeness or voice of that per son, or (

d) use of letters, diaries or other personal document~ Of a :pers'on,

without the consent, expressed or implied, of the person or some other pers'On who has lawful authority to give the consent is prima facie proof 'Of a violation of the privacy of the person first mentioned. 4.

(1) An act, conduct or publication is not a vi'Olation of privacy where (

a) it is consented to, either expressly or impliedly by s'Ome pers'On entitled to consent thereto, or (

b) it was incidental to the exercise of a lawful right of defence of person or property, or (

c) it was authorized or required by or under a law in force in the Province or by a court or any pr'Ocess of a court, or (

d) it was that of (

i) a peace officer acting in the course and within the scope'Of his duty, or (ii) a public officer engaged in an investigation, and was neither disprop'Ortionate to the gravity of the matter subject to investigation or committed in the course of trespass.

(2) A publication of any matter is not a violation of privacy where (

a) there were reasonable gvounds f'Or belief that the matter published was of public interest 'Or was fair comment on a matter of public interest, or (

b) the publication was, in accordance with the rules of law relating to defamation, privileged, but this subsection does not extend to any other act or con duct whereby the matter published was contained if such other act or conduct was itself a violation of privacy.

(3) In this

section "court" means any person auth'Orized by law to administer an oath for the taking of evidence acting for the purposes £or which he is authorized to take evidence. 5. Notwithstanding anything in any other Act, an action for vi'Olation of privacy shall be commenced, tried and deter mined in the Supreme Court of Alberta. 6.

(1) The nature and degree of privacy to which a per son is entitled in any situation 'Or in relati'On to any situation or matter is that which is reasonable in the circumstances, due regard being given to the lawful interests of others.

(2) Without limiting the generality of subsection (1), in determining whether any act, conduct or publication consti tutes a violation 'Of the privacy of a person, regard shall be given to 2

(

a) the nature, incidence and o.ccasio.n o.f the act, co.nduct o.r publicatio.n, (

b) the effect of the act, co.nduct o.r publicatio.n o.n the health and welfare, o.r the so.cial, business or finan cial Po.sitio.n, o.f the perso.n o.r his family o.r relatives, (

c) any relatio.nship whether do.mestic o.r o.therwise be tween the parties to. the actio.n, and (

d) the co.nduct of the person and o.f the defendant bo.th befo.re and after the act, co.nduct o.r publicatio.n, including any apo.logy o.r o.ffer o.f amends made by the defendant. 7. In an actio.n fo.r vio.latio.n o.f privacy, the co.urt may as it considers just (

a) award damages, o.r (

b) grant an injunctio.n, o.r (

c) o.rder the defendant to. acco.unt to. the plaintiff, fo.r any profits that have accrued o.r that may subse quently accrue to. the defendant by reaso.n o.r in ,co.nsequence o.f the vio.lation, o.r (

d) o.rder the defendant to. deliver up to. the plaintiff all articles o.r documents :that have co.me into. his Po.S session by reaso.n o.r in consequence o.f the violatio.n, o.r (

e) grant any other relief to. the plaintiff that appears necessary under the circumstances. 8.

(1) The right o.f actio.n for vio.latio.n o.f privacy under this Act and the remedies under this Act are in additio.n to., and no.t in dero.gation o.f, any o.ther right of actio.n o.r o.ther remedy available otherwise than under this Act.

(2) This sectio.n shall no.t be 'co.nstrued as requiring any damages awarded in an actio.n fo.r vio.latio.n o.f privacy to. be disregarded in assessing damages in any other pro.ceed ings arising o.ut o.f the same act, conduct o.r publication co.nstituting the violatio.n o.f privacy. 9. An actio.n fo.r vio.latio.n o.f privacy shall be co.mmenced within tw,o. years fro.m the disco.very o.f the alleged violatio.n o.f privacy by the perso.n who. daims his privacy has been violated. 1.0. The Cro.wn is bo.und by this Act. 11,. The Limitation of Actions Act is amended by adding the following

section after

section 52: 3

52.1. Except as provided in sections 57 to 61, an action for violation of privacy of a person may only be commenced, (

a) where the person is aware of the violation of his privacy at the time the violation occurs, within two years after the 00currence of the violation; and (

b) where the person is not aware of the violation of privacy at the time the violation occurs, within two years after he first becomes aware of the violation or, by use of reasonable diligence could have become aware of the violation, but in no case after four years from the occurrence of the violation. 12. This Act comes into force on the day upon which it is assented to. 4 Title: 1974 (17th, 3rd) Bill 232, The Privacy Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5380
Type	bill
Volume / chapter	L17 S3 5380
Language	en
Format	json
Source	PROVINCIAL
Identifier	899bb9e199dde0b5cc42bf91f4cb8b7fbc8dedff

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