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ARTICLE · 10 NOVEMBER 2014

Two Privacy Class Actions: Facebook And Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.).

CanadaIntellectual Property

In Part 1, we looked at the B.C. decision in Douez v. Facebook, Inc.

Another proposed privacy class action was heard in the B.C. a few months later: Ladas v. Apple Inc., 2014 BCSC 1821 (CanLII).

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer's right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the "iDevice" (that's the term used by the court for any Apple-branded iOS products) by surreptitiously recording and storing locational data in unencrypted form which is "accessible to Apple". The claim did not assert that this info was transmitted to Apple, merely that it was "accessible to Apple". This case involved a different section of the Privacy Act (B.C.) than the one claimed in Douez.

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