Lyann Danielak, Joshua Hutchinson, and Robin Reinertson of Blake, Cassels & Graydon LLP write:
On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in data breach cases. In both G.D. v. South Coast British Columbia Transportation Authority (G.D.) and Campbell v. Capital One Financial Corporation (Campbell), the B.C. Court of Appeal affirmed that numerous causes of action may arguably be available even against data custodians innocent of any intentional wrongdoing, including the statutory tort of violation of privacy pursuant to the B.C. Privacy Act. These decisions follow the B.C. Court of Appeal’s decision earlier this year in Situmorang v. Google, LLC, in which the court left open the question of whether the tort of intrusion upon seclusion exists in B.C., in addition to the statutory tort of violation of privacy.
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