CyberLex Insights on cybersecurity, privacy and data protection law

Tag Archives: privacy breach

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

Privacy injunctions in the age of the Internet and social media: PJS v News Group Newspapers

Posted in Privacy, Social Media

You’re a celebrity and had a threesome. Your partner wasn’t one of them. You want the affair to remain private. You go to a court in England where your family resides and get an interim injunction. It prevents the English press from publishing the tawdry details to protect your privacy and the privacy of your family…. → Read More

Annoying Ain’t Enough: Moral Damages in the Context of Security or Data Breaches

Posted in Data Breach, Financial

In early 2013, an employee of the Investment Industry Regulatory Organization of Canada, the national self-regulatory organization which oversees all investment dealers and trading activity on debt and equity in the Canadian marketplace (“IIROC”), lost an unencrypted USB drive containing confidential and personal data of approximately 50,000 customers of its dealer members (the “Security Breach”)…. → 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

Intrusion Upon Seclusion Part 2: Implications for Businesses Across Canada

Posted in Privacy

Intrusion Upon Seclusion Part 2: Implications for Businesses Across Canada Recently, my colleagues Sean Griffin and Ann-Elisabeth Simard considered the Evans v Bank of Nova Scotia (“Evans”) decision wherein the Ontario Supreme Court (the “Court”) certified a class action proceeding for allegations concerning a breach of privacy rights through the tort of intrusion upon seclusion… → Read More