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 Winter 2021 edition is now available with 16 informative case summaries!

Below is a sample summary from this latest edition:

Rare decision on the merits of privacy class action goes against the plaintiffs

Lamoureux v. Organisme Canadien de Réglementation du Commerce des Valeurs Mobilières
(OCRCVMIIROC),
2021 QCCS 1093

Facts

This class action related to a data breach that occurred when an employee of the Organisme Canadien de Réglementation du Commerce des Valeurs Mobilières (also known as the Investment Industry Regulatory Organization of Canada (IIROC)), forgot a laptop computer containing the personal information of thousands of Canadian investors on a commuter train. The laptop was password protected, but the data it contained – about thousands of Canadian investors – was not encrypted. This was contrary to the policies of the IIROC. The laptop was never recovered.

Certification was denied to an initial class action that was filed in relation to the breach, due to a lack of compensable monetary or moral harm. This decision was confirmed by the Court of Appeal. The Lamoureux action was filed shortly afterwards.

 

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