The Rise of Personal Health Information Class Actions

• Author: Barry Glaspell and Daniel Girlando
• Pages: 47-69

47

THE RISE OF PERSONAL HEALTH

INFORM ATION CL ASS ACTIONS

Barry Glaspell and Daniel Girlando

Abstract: Electronic medical record s streamline provision of

quality health care serv ices. They also increa se 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 existi ng privacy

legislation preclude judicial evolution of a tort of intr usion

upon seclusion? Can health care institutions acting reason-

ably be held vicariously liable for rogue employees’ privacy

breaches? What factors will cour ts consider in assessing

damages in the context of these privacy bre ach class actions?

This paper addresses these questions.

CCAR 11-1.indb 47 10/19/2015 11:49:44 AM

CCAR 11-1.indb 48 10/19/2015 11:49:44 AM