Previous Dentons Data blog post have explained the application of privacy laws during this pandemic (see here and here) – hint: they still apply. This post builds on that and addresses the privacy litigation risks associated with any failures to comply with these laws, even – and especially – during this pandemic. We ask: What does COVID 19 mean from a privacy litigation risk perspective, and what can companies do to mitigate that risk?
The Litigation Landscape: Where were we before COVID-19?
Following the Court of Appeal for Ontario’s 2012 decision in Jones v. Tsige, establishing the tort of intrusion upon seclusion, there has been a proliferation of class actions relating to alleged privacy breaches.