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BC Court of Appeal approves Privacy Class Action

September 22, 2024

This summer the BCCA released a decision upholding a lower court’s Certification of a Privacy Class Action. Some Provincial Privacy Acts allow lawsuits for violations of the Act. In this case, a credit card company retained personal information of card-applicants and people who cancelled their cards. The Company was hacked, and valuable personal information was stolen.


Retaining customer information when a company has no use for it, or no use that has been agreed to by the customer, is a breach of most privacy legislation. When the legislation authorizes lawsuits, it opens the door for Class Actions. For the most part, Courts had refused Class Actions for breaches of privacy. Not anymore.

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