A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent.
Why it matters: “The decision underlines the importance of the seller’s duty to inform the buyer, and their obligation to know what it is that they are selling.”
The consent model, the cornerstone behind the federal legislation that governs how private sector organizations may collect, use or disclose personal information in the course of commercial activities, is under the microscope after the Office of the Privacy Commissioner of Canada (OPC) published a consultation paper that examines its viability in today’s digital information ecosystem.
But privacy experts are skeptical that the consultation will lead to any tangible actions in the future. They point to the Digital Privacy Act, which received royal assent more than a year ago, yet is still not in force because the federal government has yet to complete the drafting of data breach notification and reporting regulations.