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ARTICLE · 15 APRIL 2024

B.C. Supreme Court Approves Privacy Breach Class Action Against AI Application

MLT Aikins LLP
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In Lam v. Flo Health Inc., 2024 BCSC 391, the Supreme Court of British Columbia certified a proposed class action lawsuit against Flo Health Inc. for an alleged privacy breach involving...

CanadaPrivacy
Kristél Kriel
Kristél Kriel
Danielle Barchyn
Danielle Barchyn
Jason Mohrbutter
Jason Mohrbutter
Cael Hibbert
Cael Hibbert
Kennedy Pinette
Kennedy Pinette
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In Lam v. Flo Health Inc., 2024 BCSC 391, the Supreme Court of British Columbia certified a proposed class action lawsuit against Flo Health Inc. for an alleged privacy breach involving users of the Flo Health & Period Tracker application. We have previously written about the use of generative artificial intelligence (AI).

Background

The Flo Health & Period Tracker is an interactive, AI-based application that assists with tracking all phases of the reproductive cycle. The application requires users to input personal and health information and to consent to a privacy policy for its use.

Flo Health's original privacy policy informed users that certain personal information would be shared with third-party analytics vendors in an anonymous format. In 2019, the company updated its privacy policy and formed partnerships with third-party analytics providers, giving them access to any information obtained from the application for advertising and product

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