ARTICLE
14 November 2022

Should Using Personal Information Obtained Without Consent Be Grounds For Class Action Authorization?

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BCF Business Law

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In an article our partner Shaun E. Finn and our law student Camille Rivard comment on a Superior Court of Québec decision which authorized a class action regarding the collection or use of members' personal information for commercial purposes.
Canada Litigation, Mediation & Arbitration

In an article published by Thomson Reuters1, our partner Shaun E. Finn and our law student Camille Rivard comment on a Superior Court of Québec decision which authorized a class action regarding the collection or use of members' personal information for commercial purposes.

While class actions are often brought in response to losses or leaks of personal information, or due to cyber-attacks by wrongdoers, the Superior Court's decision in Option Consommateurs v. Google shows that collecting or using personal information for commercial purposes can also justify the authorization of a class action if prior consent has not been obtained from the people concerned. Furthermore, personal information, like an individual's picture, is a valuable object whose illegal use may give rise to compensation in the form of damages.

Read the full article (in French only)

Footnote

1. Shaun E. FINN and Camille RIVARD, «Commentaire sur la décision Option Consommateurs c. Google – Les renseignements personnels comme biens transigibles», in Repères, October 2022, La référence, EYB2022REP3519.

Originally published Oct 14, 2022

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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