The Rise of Personal Health Information Class Actions
Author | Barry Glaspell and Daniel Girlando |
Pages | 47-69 |
47
THE RISE OF PERSONAL HEALTH
INFORMATION CLASS ACTIONS
Barry Glaspell and Daniel Girlando
Abstract: Electronic medical records streamline provision of
quality health care services. They also increase the risk of
privacy breaches. A new wave of Canadian class actions is
arising from personal health information privacy breaches,
raising interesting legal questions. Does existing privacy
legislation preclude judicial evolution of a tort of intrusion
upon seclusion? Can health care institutions acting reason-
ably be held vicariously liable for rogue employees’ privacy
breaches? What factors will courts consider in assessing
damages in the context of these privacy bre ach class actions?
This paper addresses these questions.
CCAR 11-1.indb 4710/19/2015 11:49:44 AM
CCAR 11-1.indb 4810/19/2015 11:49:44 AM
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