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 reports are designed to help you stay in the know while saving you time.


The Fall 2019 edition is now available with 16 informative case summaries!

Novel class action proceeding for breach of PIPEDA is settled

Haikola v. Personal Insurance Co., 2019 ONSC 5982, October 16, 2019

Facts

This is a rather unusual application for certification of a class action lawsuit for breach of privacy, as well as a motion for approval of a proposed settlement agreement. While most privacy class action lawsuits in Canada relate to data security breaches, this one addressed the defendant’s over-collection of personal information. In addition, although this class action is framed as a recourse for breach of contract, it originated from an attempt to file a class action lawsuit in Federal Court under s. 14 of the Personal Information Protection and Electronic Documents Act (PIPEDA).

The representative class plaintiff, Mr. Haikola had been in a car accident. In settling the claim, his insurance company asked him to consent to them accessing his credit score. Mr. Haikola agreed, although his lawsuit alleged that he did so because he felt he had no choice. He asked, but did not receive, a satisfactory explanation of why the information was required. He made a number of further requests for information about the practice, but without receiving an acceptable answer.

 

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