If an SP outed a client, couldn't she be sued under the Privacy Act?

barnacler

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May 13, 2013
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Curious. For the lawyers out there.

Certainly hobbyists ( and SPs) have an expectation of privacy.
 

shack

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Guaranteed 100% that she can be sued.
 

HAMSTER INSPECTOR

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Jun 3, 2005
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I can sue Shack for not bringing me chicken soup for breakfast, was there a contractual obligation for him to do this for me? You can sue anyone for anything, but do you have proof and what are your chances of winning? More importantly in this matter what is the price you pay in reputation? Before and after you sue. If an SP has outed a client, he has already paid the price. He can only make it worse if he sues. If a SP outed a client and it hits the media, imagine the damage she has done to the trade. It would be worse than the effects that c-36 had. The best course of action is to alert the SP community to her actions and they will run her out of town.
 

Serpent

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If we had to play lawyer here, a criminal breaking C-36 (which is the law of the land), should not have any expectation of privacy. That's what her defense will claim.
 

barnacler

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So you seem to be saying that if I am breaking a law anyone can do anything to me and laws no longer apply?
 

Mr Deeds

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I think he saying that if your breaking the law its not wise to exacerbate the situation by calling more attention to it
 

barnacler

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OK, but my post is basically that IF I am willing to do all that, if I am willing to live with the consequences, and I can prove damages to, say, my business, and personal trauma, will I win?

Never mind if I made my situation worse etc - just assume that I want the MONEY.
 

mandrill

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There has to be an implied or express legal duty of privacy. There is at least 1 UK case IIRC which says that prostitutes do NOT have any legal duty of confidentiality to their customers.

I mean, does your hairdresser have an obligation to refrain from telling anyone that you dye your hair? Probably not. He / she is just a trades-person.
 

shack

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I mean, does your hairdresser have an obligation to refrain from telling anyone that you dye your hair?
Wait. What about that old commercial that said, "Only you and your hairdresser know for sure."?

I think that implies an obligation to privacy.
 

oil&gas

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Apr 16, 2002
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Is it unlawful for people to publicize their sexual activities?
If I can tell people around whom I have had sex with without
breaking the law I can's see why a SP outing a client is prohibited
by law.
 

shack

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I'm not a lawyer but he certainly couldn't sue under the Privacy Act.
Strongly disagree. Of course he can sue.

He just has no chance of winning.
 

foxxxy lady

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Oct 12, 2009
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Curious. For the lawyers out there.

Certainly hobbyists ( and SPs) have an expectation of privacy.
Anyone who outs anyone is a snake . PERIOD . So is meddling in peoples personal lives and making up or stretching truths because they are obsessive and try to call it love. I hope no one is doing this to u bartnacler as I hope u would not do it to anyone. I'm not a lawyer but Ive had a few in me :eyebrows:

xo
 

peter4025

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There has to be an implied or express legal duty of privacy. There is at least 1 UK case IIRC which says that prostitutes do NOT have any legal duty of confidentiality to their customers.

I mean, does your hairdresser have an obligation to refrain from telling anyone that you dye your hair? Probably not. He / she is just a trades-person.
But she is my psychiatrist :)
 

Titalian

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First off you have to prove you've been outed, and how its affected you financially or personally. And who do you think would come to your defence in this case. Your wife your employer ??
With this new law in place, I don't believe you'd have a hope in hell of winning a case such as this. Jmt. Its more likely a mistress would do this sort of thing, and even then good luck with that.
Once you delve into an unlawful practice (C36), you better be ready for the consequences.
 

twizz

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Mar 8, 2014
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You can sue anybody for anything.
The question is, what are your chances of winning? You have to prove that the SP agreed to protect your privacy.
 

xLeax

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What if a working girl outted another girl?

This is also a two part question for this thread.
Would a hobbyist/new agency want the information that a specific girl is outing other girls?
I'm on the fence about the whole warning thing and if any weight would be put on the information.

Also, what if it's a jealous hobbyist who's creating false Facebook profiles to message and "inform" the important people on a girls list.


PS: this is the closest thread I could find on the issue. I'm just inquiring about some advice. I'm in need of some outside advice.

Thanks in advance!
 

willK

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Aug 20, 2001
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Tolleman is right about the privacy act. No private action exists. It would be a tort of intrusion upon seclusion/ invasion of privacy/ defamation. But none of them stand a very good chance, the first two barely exist in Canada and the third would face justification. If an SP outed you and your employer fired you, for example, there might be an interference with economic or contractual relations. But it would require the SP not just to out you but to send a letter to employer saying you are hiring prostitutes. But even then, you were doing the unlawful thing not the SP. If a girl outed another girl, it's more interesting. It would come down to the facts, ie what the girl is spreading about the other girl. You need a defamatory statement and an absence of defenses. If it's true it's not defamatory. Let's say a jealous SP makes a facebook profile and messages people on SP's friends list to tell them about SP's deeds. Probably no defamation there. But to the extent that the motive is to drive away a competitor, it is likely an intereference with economic relations, There is malice, there is intereference and there are damages.
 

DaleyDDD

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Jul 4, 2009
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First response was gonna be "oagre?" :p

There has to be an implied or express legal duty of privacy. There is at least 1 UK case IIRC which says that prostitutes do NOT have any legal duty of confidentiality to their customers.

I mean, does your hairdresser have an obligation to refrain from telling anyone that you dye your hair? Probably not. He / she is just a trades-person.
 

TeeJay

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Jun 20, 2011
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If you engage in an illegal act you can not expect any court to help you
You not only would not win the case, the court would refuse to even hear it

It's no different than if I agree to sell you drugs, then take your cash and run
No crime has been committed since it was not legal for me to sell to you in first place



I also find it so funny people who do things like visit SPs then think they have some inherent privacy rights for it
 

TeeJay

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Jun 20, 2011
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Is it unlawful for people to publicize their sexual activities? .
Depends what you mean by publicize
Canada really beefed up alot of laws

In old days I could film gf having sex and post on internet
These days sharing explicit pics/vids is illegal

Heck even if a girl sends me a pic, unless I have consent I am not allowed to share it with say my co-workers anymore
 
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