Executive Summaries Oct 14, 2022
Should Using Personal Information Obtained Without Consent Be Grounds for Class Action Authorization?
In an article published by Thomson Reuters[1], our partner Shaun E. Finn and our law student Camille Rivard comment on a Superior Court of Québec decision which authorized a class action regarding the collection or use of members' personal information for commercial purposes.
While class actions are often brought in response to losses or leaks of personal information, or due to cyber-attacks by wrongdoers, the Superior Court's decision in Option Consommateurs v. Google shows that collecting or using personal information for commercial purposes can also justify the authorization of a class action if prior consent has not been obtained from the people concerned. Furthermore, personal information, like an individual's picture, is a valuable object whose illegal use may give rise to compensation in the form of damages.
[1] Shaun E. FINN and Camille RIVARD, «Commentaire sur la décision Option Consommateurs c. Google – Les renseignements personnels comme biens transigibles», in Repères, October 2022, La référence, EYB2022REP3519.
Read the full article (in French only)
About the author
Shaun E. Finn is a litigation partner and co-leader of BCF’s Class Action Defence Group whose practice includes complex commercial litigation and class actions. He represents corporate and institutional defendants in the areas of product liability, mass torts, consumer protection, privacy, and securities, among others.
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