Top 10 Privacy Law Developments Of 2017

Playing catchup on 2017 developments in Canadian privacy law? Here's a list of our Top 10:

1. Supreme Court deals blow to choice of forum provisions in consumer contracts
   In Douez v. Facebook, a divided Supreme Court refused to enforce an otherwise valid forum selection clause in Facebook's terms of use agreement which would have required the plaintiff to sue Facebook for an alleged privacy breach in California rather than in British Columbia. The majority determined that unequal bargaining power between the parties and the quasi-constitutional nature of privacy rights provided "strong cause" not to enforce the clause. The decision casts into doubt a range of consumer contracts that purported to have consumers contract out of provincial jurisdiction.