BCCA Leaves Open The Risk Of Exposure To Vicarious Liability For Unauthorized Use Of Personal Information By Employees

Ryan Berger of Bull Housser writes:

The BC Court of Appeal has affirmed the Chambers Judge’s decision in Ari v. ICBC 2015 BCCA 468.

In this case, the putative plaintff advanced a proposed class action claim, alleging an ICBC employee misused personal information of 65 customers.

The plaintiff alleged vicarious liability for breach of the statutory tort of invasion of privacy under the Privacy Act, as well as statutory negligence for failure to protect personal information pursuant to FOIPPA.