The lawsuit filed by a resident of Granby occurs at the end of the year 2017 marked by several episodes of loss of personal information, in particular with Equifax and Uber.
The loss of a laptop containing the information of 52 000 persons in February 2013 continues to occupy the Quebec superior Court, which should decide on this event from the case of a resident of Granby victim of fraud in the years that followed.
One and a half months after having authorized the launch of a class action, the tribunal received on December 20, an initial application asking it to condemn the canadian regulator of the securities trade (IIROC), which monitors the brokerage industry — to pay 1500 $ to each of the persons whose data has been lost.
The lawsuit filed by Danny Lamoureux occurs at the end of the year 2017 marked by several episodes of loss of personal information, including at Equifax, Uber, and more recently, Nissan Canada Finance. In Ottawa, the federal government is considering forcing companies to declare any infringement of privacy.
To consult the draft regulation of the federal government
In the subway
The case of IIROC, widely publicized in some media in 2013, occurred in the subway. The computer has been lost by one of its employees. The laptop was protected at the first level (password) but not the second (encryption of data). The body was recognized from the start that this was in breach of its own internal policy.
It has been impossible to contact IIROC. But it has already argued, before the judge who authorized the appeal, that there is no evidence of a link between the incident and the fraud and identity theft, including Mr. Lamoureux has been a victim. The position of IIROC is to say that what he experienced is not compensable, and that, in any way, the agency does not have information such as his driving licence and his social insurance number.
“The plaintiff has suffered significant damages due to the wrongful conduct of the defendant, not only to have demonstrated gross negligence in his method of retention of personal information, but also by failing to put in place adequate measures specific to limit its damage “, one can read in the application, signed by Louis Demers.
If the loss of the laptop occurred in February 2013, Mr. Lamoureux was learned two months later. In a two-page letter, IIROC indicates that the information “could include” name, address, date of birth, data on its broker and its account numbers ” opened with this broker.” The organization apologizes then offering to Mr. Lamoureux alert services of Equifax for six years and includes an aide-memoire on the protection of personal information.
In April 2015, Mr. Lamoureux discovers by opening our Desjardins account on the Internet accounts have been opened in his name in Visa and Réno-Dépôt. At the suggestion of Desjardins, it calls the check service TransUnion, who informs her that multiple account openings have been made in his name in November 2013 to April 2015 : Bank HBC, TD, Canadian Tire, Desjardins, Capital One, etc
Two months later, in the summer of 2015, he discusses with a representative from Equifax to inform them that someone ” has reported the loss of his wallet in April 2013, which is not the case, and requested a change of its address to an address in Montreal-Nord “. Always according to the lawsuit, Equifax advised that ” the fraudsters had his social insurance number […] and the name of his employer “, that is to say, ” the information held by its broker.”
The class action was authorized last October by judge Karen Kear-Jodoin, of the superior Court of Quebec. “IIROC submits that there is nothing to justify punitive damages,” she wrote. “[IIROC] argues that Mr. Lamoureux must show that, the allegations specific to the support, an interference that is both illegal and intentional, with a form of freedom recognized by the Charter of rights and freedoms of the person. “
No date has yet been set for the start of the procedures.