Data Breach And Privacy Claims: Delving Into Del Giudice v. Thompson

The Ontario Court of Appeal shut down the claim that a hack of database constitutes intrusion upon seclusion by the database operator, along with shutting down various other causes of action at the certification stage of a proposed class action.

In Del Giudice v. Thompson, 2024 ONCA 70, the appellants appealed a decision made by the motion judge dismissing their motion to certify their claim as a class action against Capital One ("Capital One") and Amazon Web Services ("Amazon Web").

The appellants' claim alleged various torts against Capital One and Amazon Web for data misappropriation and data misuse, including intrusion upon seclusion, intentional or reckless misappropriation of personality, breaches of various privacy statutes and breaches of confidence, trust and fiduciary duty.