Issue: Appeal against dismissal of class action certification and action itself, claiming Google's use of facial recognition technology in Google Photos without consent violates privacy laws and consumer protection legislation.
Ruling: Appeal allowed. The court found errors in the chambers judge's characterization and dismissal of claims, ruling that the notice of civil claim discloses a cause of action under the British Columbia Privacy Act and common law tort of intrusion upon seclusion. The case was remitted for amendment regarding consumer protection claims.
Key Points:
The judge erred by mischaracterizing the nature of claims and not assuming pleaded facts as true.
The use of facial recognition technology without consent was deemed potentially violative of privacy rights.
The appellant was granted the opportunity to amend the claim, particularly concerning consumer protection legislation deficiencies.
Amount Awarded: Not applicable as the case was remitted for further proceedings regarding the amendment of claims.
