Fasken represented Google LLC defending an application to certify claims for breach of privacy and breach of consumer protection legislation related to Google Photos. The plaintiff alleged that the technology that Google Photos uses to help people sort their photos is an illegal and impermissible use of “facial biometrics” which constituted breaches of privacy statutes and consumer protection legislation. At the initial hearing the court refused certification on the basis the claim did not disclose a cause of action. The plaintiff appealed. The appeal was heard in November 2023 and the court of appeal overturned the order that the claim failed to disclose a cause of action for breach of privacy statutes and dismissing the certification application. The matter has been sent back to the chambers judge to decide all remaining issues on the certification application.
The decision accepted that the court may have reference to documents incorporated by reference into a pleading.
Fasken represented Google LLC with a team led by Tracey M. Cohen, KC; and Andrew Borrell; and included Julia Kindrachuk.
Jurisdiction
- British Columbia
