In Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331, the British Columbia Court of Appeal (BCCA) confirmed that an employer may be found vicariously liable when its employee violates of s. 1 of the province’s Privacy Act (Act). Section 1 of the Act provides that it is a statutory tort for a person, wilfully and without a claim of right, to violate the privacy of another.
Background
As the provider of a universal, compulsory insurance plan for vehicles in British Columbia (BC), ICBC acquires and retains personal information about almost everyone who owns or drives a vehicle in BC, including drivers’ names, addresses, license numbers, vehicle descriptions and identification numbers, and license plate numbers.
