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ARTICLE · 12 NOVEMBER 2024

Privacy Class Actions: Biometric Data

Osler, Hoskin & Harcourt LLP
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The petitioner, an individual whose personal data was collected, sought the authorization of the Court to institute a class action against the respondent, Google.

CanadaPrivacy
Kristian Brabander
Kristian Brabander
Robert Carson
Robert Carson
Tommy Gelbman
Tommy Gelbman
Jessica Harding
Jessica Harding
Craig Lockwood
Craig Lockwood
Julien Morissette
Julien Morissette
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Homsy c. Google,2024 QCCS 1324

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Facts

The petitioner, an individual whose personal data was collected, sought the authorization of the Court to institute a class action against the respondent, Google. The petitioner claimed that the respondent had been extracting, collecting, storing and using facial biometric data of Québec residents via the Google Photos application, without providing sufficient notice, without obtaining informed consent and without publishing biometric data retention policies.

The petitioner sought compensatory damages under the Act respecting the protection of personal information in the private sector (Private Sector Act) and theCCQ. The petitioner was also seeking punitive damages under section 272 of the Consumer Protection Act (CPA) and section 49 of the Charter of Human Rights and Freedoms (Québec Charter).

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