The Rise of Personal Health Information Class Actions

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 reasonably be held vicariously liable for rogue employees’ privacy breaches? What factors will courts consider in assessing damages in the context of these privacy breach class actions? This paper addresses these questions.