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ARTICLE · 19 APRIL 2017

Lenovo And Superfish: Proposed Class Action Proceeds On Privacy Tort And Statutes

McCarthy Tétrault
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A recent privacy decision regarding pre-installed software on laptops may have implications for companies operating not only in the traditional hardware space, but for those companies venturing into the burgeoning "Internet of Things" ecosystem.

CanadaPrivacy
CyberLex Blog
CyberLex Blog
Carole Piovesan
Carole Piovesan
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A recent privacy decision regarding pre-installed software on laptops may have implications for companies operating not only in the traditional hardware space, but for those companies venturing into the burgeoning "Internet of Things" ecosystem. In short, an Ontario court declined to strike the common law and statutory privacy claims, suggesting that courts are at least willing to entertain such claims in the context of manufactured devices.

Background

Lenovo has faced several privacy-related lawsuits in Canada and the United States following its sale of laptop computers preloaded with Superfish. Superfish is a VisualDiscovery (VD) adware program that tracks a user's Web searches and browsing activity to place targeted ads on sites visited by the user.

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