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Tag Archives: class actions

When Employees Go Rogue: Are Employers Vicariously Liable for the Privacy Breaches of Their Employees?

Posted in Class Actions, Data Breach, Privacy

Although there has not yet been a definitive answer to this question in Canada, based on recent UK case law, it appears increasingly likely that, at least in some circumstances, the answer may be “yes”. In Various Claimants v WM Morrisons Supermarket Plc, (Rev 1) [2017] EWHC 3113 (QB) (“Morrisons”), the High Court said that the supermarket chain… → Read More

Canada-EU Agreement to Share Air Travellers’ Data Doesn’t Fly

Posted in European Union, Privacy

An agreement between Canada and the European Union over the sharing of air passengers’ personal information failed to pass muster in the European Court of Justice because Canada was found to have inadequate privacy protections.  On September 8, 2016, the Court of Justice of the European Union (“CJEU“)  issued an  Opinion on the consistency of Canada… → Read More

Federal Court of Appeal Comments on New Tort of “Publicity Given To Private Life”, Overturns Certification Order

Posted in Class Actions, Data Breach

The Federal Court of Appeal has provided some guidance on the recently-recognized tort of intrusion upon seclusion and the as-yet-unrecognized tort of publicity given to private life. In a class action decision largely reversing a Federal Court certification order, 2016 FCA 191, the Court of Appeal suggested that recognition of the tort of publicity given… → Read More

Adobe’s Data Breach Class Action Settled in California

Posted in Class Actions, Data Breach

Parties to the proposed class action in California over Adobe Systems Inc.’s alleged failure to safeguard clients’ data from a breach that compromised more than 3 million credit card records reached an agreement to settle. The settlement has not yet been approved by a Court, but if it is approved, it will result in the… → Read More

Proposed Class Action Misses its “Target” in Quebec

Posted in Class Actions, Data Breach, Privacy, Quebec, Retailing

On March 23, 2015, the Superior Court of Québec (per Justice Pinsonnault) granted a motion by Defendant Target Corp. to dismiss a proposed class action related to the 2013 data breach that affected millions of customers in the U.S. and allegedly many hundred thousand in Canada, on the grounds that the Courts of Québec lacked… → Read More

Trends in US Class Actions: More Consumer Class Action Settlements and more Privacy Cases

Posted in Class Actions, Settling

Trends in US Class Actions: More Consumer Class Action Settlements and more Privacy Cases A study by NERA Economic Consulting released July 22, 2014 shows that consumer class action settlements in the US have increased steadily over the past four years (the “Study Period”).  The study also showed that cases relating to privacy violations, specifically… → Read More