Making Private Information Public: The Continued Expansion Of Privacy Class Action Liability

Introduction

Privacy class actions are a growing field in Canada. Historically, such actions were not pursued by plaintiffs, largely due to a perception that they were difficult to prosecute on a class-wide basis, given the diverse and individualised nature of loss arising from privacy breaches.  However, that trend has changed.

Over the past few years, Canada has seen a considerable increase in privacy actions regarding data breaches and unauthorised use of personal information. This trend has been driven by the active enforcement activities of Canadian privacy regulators, increased media interest in privacy issues and the recognition of the tort of "intrusion upon seclusion" in Ontario.¹ In addition, developments in class action jurisprudence have arguably lowered the bar for class certification.