Privacy in the Courts

Privacy in the Courts: A quarterly review provides a practical, efficient and accessible resource to help busy in-house counsel, Chief Privacy Officers and compliance professionals navigate recent court decisions and gain a broad understanding of how privacy law is evolving in Canada. Each article provides an overview of the facts and decision related to each case, as well as a discussion of the key points. Expertly written commentary helps users identify trends over time and gain insights into the potential implications for their organizations. 

The Spring 2022 edition is now available with six informative case summaries.

Below is a sample summary from this latest edition:

Multi-jurisdictional data breach class action certified in British Columbia

Campbell v. Capital One Financial Corporation, 2022 BCSC 928


The representative plaintiff applied for certification of a class action in relation to a 2019 data breach that had affected six million Canadians. The breach had occurred when the defendant’s database was hacked and detailed data of those who had applied for credit cards was downloaded. The hacker was eventually arrested. Class actions were commenced in British Columbia, Alberta, Ontario and Quebec. In Ontario, the Del Giudice application for certification was dismissed, although that decision is currently under appeal. In this BC application for certification, the defendant argued that because there was no evidence that any of the hacked data had been shared or misused, there was no basis for certification.

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