Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v.
Recent developments in the privacy class actions space favour businesses facing ongoing risks in maintaining the privacy of individuals’ information collected for business use. While.
Setoguchi v Uber and
Simpson v Facebook
When widespread data privacy breaches occur, compromised
organizations have genuine concern that class action certification
is likely to follow. However, two recent decisions illustrate how
important it is for claimants to provide sufficient evidence at
certification that a class-wide claim for compensable harm actually
exists however, the guidance provided by the Supreme Court on what
constitutes the evidentiary floor also suggests the merits cannot
be wholly ignored.
These decisions also illustrate how organizations can
mitigate the risk of a successful class action being brought in
relation to privacy breaches if they are well prepared and respond
The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm or loss.
The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data.