In this new digital age, the advancement of technology and data collection brings with it the risk of privacy litigation. The increasing reliance on data and the evolving regulatory landscape have contributed to a notable rise, over the last decade, in privacy-related proceedings. Privacy regulators have engaged in increasingly complex and wide-ranging investigations and privacy class actions have nearly tripled in jurisdictions across Canada. The collection, use and safeguarding of data is at the forefront of the opportunities and challenges facing organizations across industries. Upcoming amendments to federal and provincial regulations will require a compliance plan to avoid legal actions and financial penalties.

What does this all mean for businesses operating in Canada?

Dentons’ privacy litigation lawyers have teamed up to provide a new in-depth paper series – Privacy Litigation Undone. This series looks at key topics and trends to help general counsel and executives protect and operationalize privacy matters. This series goes beyond a blog post or case comment – it provides a detailed analysis of key issues impacting privacy litigation to help you manage business-critical issues.

Privacy Undone In-Depth Series #1
Intrusion upon seclusion – How it opened a floodgate for class action litigation

Michael Schafler and Luca Lucarini provide an overview of the first case in which the tort of intrusion upon seclusion was recognized and discuss how it opened a floodgate of class action litigation. This is the first article in our new series Privacy Litigation Undone – stay tuned for more articles covering key trends in privacy litigation and what it all means for businesses operating in Canada.

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Privacy Undone In-Depth Series #2
The ins and outs of transferring personal information to service providers

In this second article of our Privacy Litigation Undone series, Kelly Osaka and Danielle Dudelzak provide an overview of how Canadian private sector privacy laws address the transfer of personal information to service providers, with a specific focus on cross-border transfers and transfers to cloud service providers. They provide practical business considerations aimed at mitigating risk and protecting your business.

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Privacy Undone In-Depth Series #3
Twelve years since the recognition of the tort of intrusion upon seclusion: How Jones v. Tsige continues to impact privacy class actions in Canada

It has been 12 years since the Ontario Court of Appeal first recognized the tort of intrusion upon seclusion, opening a floodgate of class action litigation in Canada. In an update to their 2022 paper, this third article of our Privacy Litigation Undone series reviews the impact of Jones v. Tsige on privacy class actions. Michael Schafler and Luca Lucarini, along with Ana Qarri, assess the latest developments in this area.

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