BC Tribunal rules against woman who took nude photos at work

A BC office worker has failed in her attempt to sue her ex after he gave management nude photos of her that she’d taken at work.

The office worker, referred to as MR in a June 24 BC Civil Resolution Tribunal decision, launched the case against her ex-partner saying he’d acted out of malice to cause her embarrassment and reputational harm.

The ex, referred to as SS, argued he shared the photos and videos with her employer to alert management of her “workplace misconduct.”

MR argued for $5,000 compensation for sharing or threatening to share the images.

The Intimate Images Protection Act was set up last year and allows people whose images have been shared without their consent to sue at the BC Civil Resolution Tribunal in a quicker manner than conventional court.

The decision said that while MR was in a relationship with SS she sent him numerous photos and videos of herself engaged in sexual acts, nearly nude, or exposing her genitals or breasts.

The photos were taken while she was at work during business hours.

While MR argued her ex had no right to share the photos, the Tribunal disagreed.

The Tribunal found she did not have a reasonable expectation of privacy because some of the images were taken in the office which was accessible to the public and other employees.

“I agreed that (she) had a reasonable expectation her partner would not share the images with the public generally, such as by posting them on social media or adult content sites, or with friends or family,” the Tribunal said. “However, I found that expectation did not extend to (her) employer.”

The Tribunal said a person doesn’t have a reasonable expectation of privacy if images are shared with their employer to investigate alleged misconduct, regardless of the motives of the person who shared the photos.

“I find it was in the public interest for the (ex) to share the images with her employer. (MR) took the photos at work, on the employer’s property, during business hours,” the Tribunal said. “I found the evidence suggested the locations where the images were taken were not always secure and private, including one photo that was undisputedly taken while (she) was at the ‘front counter.’ I find even on a strict interpretation of what is in ‘the public interest,’ these specific circumstances are captured.”

The decision didn’t say if MR suffered any workplace discipline because she took nude photos of herself at work.

Earlier this year, a BC nurse lost his case against a former co-worker and partner after she sent management nude photos of him after they separated.

He’d taken the photos at work and was suspended.

In that case the Tribunal ruled it was in the public interest that the ex took the photos to his bosses.