Privacy Act

Canadian Photography Laws » The Laws » Provincial Law » Saskatchewan » Privacy Act

In Saskatchewan, The Privacy Act protects it’s citizens against invasion of privacy. This act applies when you violate another person’s privacy wilfully without a very good reason. Under this act, in order to use a photograph to as a way to make money (eg: advertisements or other commercial uses), you must have the consent of any identifiable people.

The Privacy Act
2. Violation of privacy
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. Examples of violation of privacy
Without limiting the generality of section 2, proof that there has been:
(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 use, the person is identified or identifiable and the user intended to exploit the name or likeness or voice of that person

There are several exceptions, including photos which are considered to contain public interest, are newsworthy, or are consented to, then the photo is not considered private, and may be published in recognized newspapers, papers containing public news, or certified broadcasters.

The Privacy Act, 4(1).
An act, conduct or publication is not a violation of privacy where:
(a) it is consented to, either expressly or impliedly by some person entitled to consent thereto;
(e) it was that of a person engaged in a news gathering:
(i) for any newspaper or other paper containing public news; or
(ii) for a broadcaster licensed by the Canadian Radio-Television Commission to carry on a broadcasting transmitting undertaking;
and such act, conduct or publication was reasonable in the circumstances and was necessary for or incidental to ordinary news gathering activities.

The remainder of the law allows flexibility, based on reasonable circumstances, the nature of the photo, occasion, type of publication, relationship between photographer and subject, personal conduct, etc. This leaves it up to courts to decide on a case-by-case basis whether privacy was violated.

The Privacy Act, 6(1).
Considerations in determining whether there is a violation of privacy
The nature and degree of privacy to which a person is entitled in any situation or in relation 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 constitutes a violation of the privacy of a person, regard shall be given to:
(a) the nature, incidence and occasion of the act, conduct or publication;
(b) the effect of the act, conduct or publication on the health and welfare, or the social, business or financial position, of the person or his family or relatives;
(c) any relationship whether domestic or otherwise between the parties to the action; and
(d) the conduct of the person and of the defendant both before and after the act, conduct or publication, including any apology or offer or amends made by the defendant.




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