Recently, Principal Melanie Szweras spoke with Jessica Mach from Lexpert on some of the challenges that arise in certifying data breach class actions.
Melanie pointed to growing trends that make it easier to certify data breach class actions in some provinces than others where there might be a “more strict scrutiny of the cases,” noting that “Ontario and Alberta are places where it’s becoming more difficult to certify, but in places like BC and Quebec, it’s still more likely – or better or easier – to get a class action certified in a data breach situation.”
More provinces, such as Ontario and Alberta, are requiring a demonstration of an intentional intrusion by the company being sued for the data breach given that often the breach is not intentionally caused by the company but rather by malicious third party actors.
Melanie notes “it needs to be an intentional intrusion, and it also has to be highly offensive to a reasonable person, and the act has to be deliberate, not accidental.”
Melanie has also noticed a rise in the number of plaintiffs who are filing class actions alleging data misuse which argue that “the company themselves mishandled the personal information...they’re trying to find direct involvement by the company.”
Read the full article on the Lexpert website.