Fasken defended BMW AG and BMW Canada Inc. in a certified class action related to alleged defects in the power steering pump components of certain BMW vehicles.
BMW AG brought a motion seeking a declaration that it comply with its foreign data protection obligations under the EU General Data Protection Regulation 2016/79 (“GDPR”) and the German Federal Data Protection Act (“BDSF”). The court ordered that BMW AG be permitted to redact irrelevant personal data if disclosure of the data would infringe the interests of the person whose data was being disclosed.
The plaintiff appealed, arguing that BMW AG should not be permitted to redact its documents. BMW AG successfully resisted the plaintiff’s appeal. This is the first appellate decision in Canada to consider the application of European data protection laws to domestic litigants’ production obligations.
Fasken represented BMW AG with a team that consisted of Peter Pliszka, Kimberly Potter and Chad Pilkington.
Jurisdiction
- Ontario
