Cyber Baddies Beware: Canada’s Cold Hand of Justice in Data Breach Cases

If you thought Canada was just about maple syrup and poutine, think again. Recent Canadian Cybersecurity Litigation Trends suggest that even the digital villains fancy a bit of the north. But don’t fret – the courts are dishing out frosty justice, proving that breaching the Great White North’s cyber borders is as risky as licking a frozen flagpole!

Hot Take:

Oh, Canada! Land of the free, home of the – wait, what? Data breaches? Yes, folks, even the great white north isn’t immune to the digital gremlins of our time. In fact, it seems cyber baddies have taken a particular liking to poutine and maple syrup. But fear not, the courts are as cold as a Canadian winter when it comes to letting these breaches slide. So tighten your snow boots and put on your toques, ’cause it’s a wild cyber ride up north!

Key Points:

  • Privacy Class Action Certification is being denied in Canada due to lack of evidence of misuse or compensable harm.
  • Intrusion Upon Seclusion Claims are being denied. Victims of cyberattacks cannot be held liable under this law.
  • Privacy Probes have increased significantly, signaling tighter scrutiny on privacy law compliance.
  • Settlement values in privacy class actions are relatively low but cy-près payments are on the rise, shifting focus to broader public interest initiatives.
  • Recouping Costs is now possible as demonstrated by a landmark ruling where a hacker was sentenced to seven years and ordered to pay C$2.8-million in restitution.

Need to know more?

Privacy, Eh?

In the realm of class action certification, it seems Canada is proving to be as tough as a hockey player's chin. Several key cases, including Broutzas v. Rouge Valley Health System and Setoguchi v. Uber BV, were denied certification due to lack of evidence of misuse or damage. So, the message is clear - you better come with hard evidence if you want to make it to the big leagues!

Not My Problem

In Owsianik v. Equifax Canada Co., the Supreme Court of Canada denied the appeal, ruling victims of cyberattacks can't be held liable under intrusion upon seclusion claims. It's like saying, "Sorry, but it's not my problem your data got stolen, eh?"

Probing the Privacy

Canada's privacy commissioners have been as busy as beavers in 2022. With a surge in probes, especially concerning private-sector service providers and the government, it's clear that privacy laws compliance is under more scrutiny than a Mountie's uniform.

Settle for Less

When it comes to settlement values in privacy class actions, it seems the courts are as stingy as a miser on Boxing Day. But hey, they are getting creative with cy-près payments, focusing more on supporting public interest initiatives. So, silver lining?

Cost That's Worth it

In a precedent-setting ruling, an Ontario court sentenced a hacker to nearly seven years and ordered C$2.8-million in restitution. It's like the court is saying, "You mess with us, you pay the price, buddy!" A clear signal that Canada is not playing around when it comes to cybercrime.
Tags: Cyber Risk Management, Cybercrime Sentencing, Cybersecurity Litigation, Data Breach Settlements, Intrusion Upon Seclusion, Privacy Class Action, Privacy Probes