class action lawsuit
The recent loss of a Canadian government hard drive containing personal information of receivers of student loans and the ensuing class action lawsuit are a stark reminder of how easy it is to be exposed to the pitfalls of data security breaches. In this day and age, when company data is stored on small, mobile devices, all it takes is an absent-minded employee leaving their USB key or smarthpone on the subway.
The Ontario Court of Appeal decision in Jones v. Tsige deals with a novel claim, one for damages for invasion of personal privacy. This decision has garnered a great deal of comment in the popular press in the time since its release. Is the decision as radical as some writers have suggested? What are the implications for privacy rights in Ontario, and, in particular, the conduct of employers and employees?