Issue Archive

Significant damages for non-consensual use of image in promotional video

An Ontario court recently awarded $4,100 to an Ottawa woman who appeared in a promotional video for 2 seconds without her consent in Vanderveen v Waterbridge Media Inc. The decision is controversial for applying the concept of “intrusion upon seclusion” to an image taken in a public place, and, for what is likely the first time following a privacy-related decision, there seems to be a general consensus that the damage award was too high.

In this issue of PrivacyScan Murray Long offers some insight on Vanderveen and the problems that could result if the approach in this case was applied more broadly in the age of camera phones and social media.

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