Following the introduction of the General Data Protection Regulations in , there has been increased attention on the protection of personal data. So what happens when your personal data is leaked online? If the leak is not caused by a mistake but the actions of an employee, should the company be held to be vicariously liable for them? Vicarious liability is a form of secondary liability, imposed upon one person for the tort of another. This usually occurs when the tortfeasor is an employee, and his act results in his employer becoming vicariously liable for his wrong.
Restatement of the Law -- Agency Restatement (Third) of Agency
Law Of Torts - Notes, Case Laws And Study Material
There are two stages which are necessary to overcome in the pursuit of vicarious liability. Stage one demands that there is a contract of employment between the parties or that there is a relationship which is akin to a contract of employment. Stage two requires there to be a sufficiently close connection between the employment and the wrongdoing of the employee. Historically, the Salmond test was applied by the courts when deciding if a tort had been committed by an employee. The Salmond test imposed liability on an employer in two specific circumstances.
Law of Torts – Notes, Case Laws And Study Material
A parent company might face in obligation to subsidiary's employees based on the parent company itself that have duty of care to the employee under the law of negligence. This duty might emerge without an immediate business relationship between the controlling company and the employee and is well on the way to appear where the controlling company practices a high level of control throughout the everyday exercises of its auxiliary out of which the tort claim emerged. This requires both foreseeability and a relationship of vicinity between the parties as for both the significant class of act or oversight and the applicable sort of harm.
The Liability case that I have chosen to complete this study on is John Doe v. Bennett, This case helps to bring clarity to vicarious liability of Churches in Canada.