Ontario court dismisses cyber attack class action: Why ‘intrusion upon seclusion’ didn’t work

The Ontario Superior Court of Justice has dismissed another class action in which the plaintiff used ‘intrusion upon seclusion’ to claim damages for a cyber attack.

Justice Perell’s decision in Del Giudice v Thompson (Thompson) reinforces recent findings in similar cases where the intrusion upon seclusion tort was not upheld and organizations were not found vicariously liable for their employees. Thompson also shows how important carefully drafted contract and privacy policy terms can be to an organization’s cyber risk management.

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This content has been updated on October 16, 2021 at 16 h 15 min.