Alberta Court Adds New Tort about Protecting Private Information.

• Date: 01 September 2021
• Author: Steingard, Jessica

The tort of Public Disclosure of Private Information protects someone from having private information disclosed about them publicly.

In September 2021, the Alberta Court of Queen's Bench released its decision in ES v Shillington. Noteworthy about this case is that the Court recognized a new tort: Public Disclosure of Private Facts.

The case of ES v Shillington is what we often call a "revenge porn" case. The parties create and share intimate images with each other during the relationship. When the relationship ends, one party shares these images online without the other person knowing or consenting. In this case, the relationship was also abusive. And the plaintiff successfully brought claims for assault, battery, sexual assault and intentional infliction of mental distress.

What is the tort of Public Disclosure of Private Facts?

This tort protects someone from having private information disclosed (shared) about them publicly. To prove this tort, a plaintiff must show:

1. the defendant publicized an aspect of the plaintiff's private life, and

2. the plaintiff did not consent to the publication, and

3. the published material or its publication would be highly offensive to a reasonable person in the position of the plaintiff, and

4. the publication was not of legitimate concern to the public.

If there is an issue as to whether the information is private, the...