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viii | |
Acknowledgements |
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ix | |
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1 Introduction to privacy class actions |
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1 | (12) |
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1 | (1) |
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2 The importance of class actions for people's privacy |
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2 | (2) |
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3 Privacy's fit in class action claims |
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4 | (2) |
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4 Legal pathways for privacy class actions |
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6 | (3) |
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5 This book: common themes |
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9 | (1) |
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10 | (3) |
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2 Privacy class actions' unfulfilled promise |
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13 | (17) |
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13 | (1) |
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2 Overview of class actions law |
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14 | (4) |
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a What is a class action? |
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14 | (1) |
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b Class actions legislation |
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15 | (2) |
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c The three advantages of class actions |
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17 | (1) |
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3 Privacy class actions: marriage or mismatch? |
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18 | (5) |
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a Expected application of class actions to privacy claims |
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18 | (2) |
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b Practical application of class actions to privacy claims |
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20 | (3) |
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c Concluding thoughts on this section |
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23 | (1) |
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4 Towards more widespread use of privacy class actions |
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23 | (6) |
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a Cause of action: damages may not be "compensable" |
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24 | (1) |
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b Commonality: privacy's inherent individuality? |
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25 | (2) |
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c Representation: business incentives of plaintiff-side class actions lawyers |
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27 | (1) |
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d (Re) definition: more widespread accessibility of the privacy class action |
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28 | (1) |
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29 | (1) |
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3 Uncertainties and Lessons Learned from Data Protection Laws |
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30 | (26) |
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30 | (3) |
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33 | (10) |
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a Data security incidents |
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35 | (4) |
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b Intrusive business model |
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39 | (4) |
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43 | (10) |
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43 | (4) |
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47 | (6) |
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53 | (3) |
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4 Douez v Facebook and privacy class actions |
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56 | (25) |
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56 | (1) |
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2 Sponsored stories: "there oughta be a law ..." |
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57 | (3) |
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a Facebook goes to Ottawa |
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57 | (1) |
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b Two missed opportunities |
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58 | (2) |
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3 Consumer contracts are different |
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60 | (4) |
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60 | (2) |
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b Safeguarding consumers' rights, promoting certainty for businesses |
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62 | (2) |
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4 Privacy class actions: changing times |
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64 | (3) |
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a Inequality of bargaining power and class actions |
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64 | (2) |
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b Privacy class actions in the digital era |
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66 | (1) |
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5 Quasi-constitutional rights and mandatory law |
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67 | (6) |
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a The real culprit revealed: PIPA |
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68 | (2) |
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b Mandatory rules vs. public policy |
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70 | (2) |
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c Mandatory rules and questions of procedure |
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72 | (1) |
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73 | (5) |
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a Parallel proceedings with different equities and policy concerns |
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73 | (2) |
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b Claiming BC privacy rights in California |
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75 | (3) |
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7 Morguard in a post-territorial world |
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78 | (3) |
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5 Why class action suits for security breaches need to look beyond privacy concerns |
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81 | (18) |
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81 | (2) |
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2 Security breaches as a legal construct |
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83 | (7) |
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a What is information security? |
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83 | (3) |
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b The limits of security breach notification legislation |
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86 | (4) |
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3 Security breaches as a premise for class action suits |
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90 | (8) |
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a The problem with class action suits for security breaches |
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90 | (6) |
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b How to rethink security breach liability |
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96 | (2) |
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98 | (1) |
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6 Cy pres settlements in privacy class actions |
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99 | (14) |
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99 | (2) |
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2 Cy pres in Frank v. Gaos |
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101 | (4) |
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3 The particular usefulness of cy pres for privacy class actions |
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105 | (2) |
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4 The challenges of implementing cy pres |
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107 | (2) |
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5 Implementing cy pres in a bijural Canada |
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109 | (3) |
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112 | (1) |
Bibliography |
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113 | (14) |
Index |
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127 | |