The Increasing Settlement Costs of Mass Privacy Breaches

• Author: Barry Glaspell
• Pages: 335-345

335

THE INCR E ASING SETTLEMENT

COSTS OF MASS PRIVACY

BREACHES

Barr y Gla spell

Abstract: Data-breach class actions have proliferated in

Canada since the seminal 2012 Jones v Tsige Ontario Court

of Appeal decision created the privacy tort of intrusion upon

seclusion. Many of these cases are now settling — daunting

trial cost s being the main incentive. This paper examines six

privacy-breach class action settlements that have taken place

in the past two years; these settlements suggest defendants

are facing increasing costs associated with ma ss losses of

persona l information.

CCAR 13-2.indb 335 10/30/2018 11:42:06 AM