District of Lantzville councillor Karen Proctor has sued a local resident for allegedly obtaining and sharing confidential correspondence and sharing it online. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

privacy breach

Lantzville councillor sues local man for allegedly sharing private Facebook messages taken from old cell phone

Oct 16, 2020 | 2:19 PM

LANTZVILLE — A Lantzville politician is taking legal action against a resident for allegedly using her donated cell phone to distribute large amounts of private emails and Facebook messages.

District of Lantzville coun. Karen Ann Proctor filed a civil notice of claim against Clinton Ernest Charles Smith in BC Supreme Court in Nanaimo on Oct. 9.

Proctor claimed Smith agreed to erase all of her personal data when he received the phone to assist a homeless person in February 2020.

The first term elected official claimed her old phone was instead used by Smith and others to intercept her personal correspondence in real time without her knowledge until the first week of October.

Her privacy breach lawsuit related to 213 screenshots uploaded to Facebook.

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Proctor’s notice of claim stated she told Smith her data needed to be removed from the phone.

“I have an old phone. It needs to have all my info wiped off it and sadly I don’t know how to do that.”

The claim said Smith reiterated he would remove all of her information.

Proctor learned Smith had accessed her personal information from the conditionally donated phone in early October, according to her claim.

Her lawsuit alleged Smith posted the private messages in question on both his personal Facebook account and a Lantzville-focused Facebook group page.

Proctor alleged the information was also shared by John Westby, Lee Forsyth, Tyler Biscoe, Frank Luund and Loren Patenuade. They’re named in the notice of civil claim but aren’t listed as defendants.

At the time of filing her claim, Proctor stated Smith refused to delete the pictures in question and would not return her old phone.

The screenshots have since been deleted from Facebook.

Proctor’s suit seeks financial losses from Smith for acting intentionally and recklessly.

“The disclosure of the photographs has been detrimental and embarrassing to the plaintiff and has prejudiced her position as a councillor for the District of Lantzville,” the civil claim stated.

Proctor told NanaimoNewsNOW she is appalled and deeply disturbed by the ordeal to discredit her position as an elected official.

Proctor chose not to expand any further.

Smith refused to comment to NanaimoNewsNOW beyond stating the facts will come out in court.

Both Proctor and Smith confirmed they have retained lawyers.

None of the allegations made by Proctor have been proven in court.

ian@nanaimonewsnow.com
On Twitter: @NanaimoNewsNOW