LAW204: Statutory-Regulatory Search

You are required to perform a statutory and regulatory search in regard to the fact pattern described below.

Statutory-Regulatory Search

TheOne is a dating application that is available for download on most app stores in Canada. The app uses a freemium model where most services are available at no charge to users and some exclusive services are available to paying customers (e.g., no ads). Users download the application because it promises to find the most compatible partner based on the information a client inputs.

Users must provide their name, age, place of residence, hobbies, job title, income bracket, credit card information, and SIN numbers. Of this information, the income bracket, credit card info, and SIN numbers are hidden from other users and only used in the background to find a compatible match.

TheOne's clients are aware that the app uses ads to earn a profit; however, they are not aware that the ads are micro-targeted based on the information they input. TheOne gives access to their non-paying users' info to large marketing companies. Paying users pay to skip ads and therefore TheOne doesn't give the marketing companies access to their info.

On February 20, 2020, TheOne experienced a glitch where every user's income bracket, credit card info, and SIN numbers were suddenly visible on their profiles. As a result of this glitch, 15000 of the non-paying users' and 5000 paying users were victims of hackers and fraudulent transactions. Due to the public backlash regarding this glitch, the users also discovered that TheOne gave marketing companies their information to micro-target them as well. Several users are extremely upset.

One of the non-paying users was a victim of a fraudulent transaction and retains you to advise them on whether it is possible, based on the rules and regulations set out in PIPEDA, for them to start a class-action lawsuit against TheOne and the marketing companies.

In answering this question, be sure to analyze the specific wording of the sections, justify your interpretation of the wording, and indicate what additional information or clarification is required to answer the question.

Disclaimer: This is a hypothetical scenario for educational purposes and not based on real events.

Your response must be typed double-spaced, in narrative form, and no more than 500 words long, using a 12 point Times New Roman font and with a 1" margin for all edges of the page. It is to be submitted to Turnitin no later than the assigned due date.

Your response must be a product of your own work. No collaboration is permitted.

Format:

For each relevant section make sure you have: stated each section and subsection number that determines the answer as a Heading; explained what legal rights/wrongs the section's wording provides, and explain how that answers the question set out above.

Example:

Section 2 Interpretation (PIPEDA)

Pursuant to section 2, a breach of security safeguards means the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization's security safeguards that are referred to in clause 4.7 of Schedule 1 or from a failure to establish those safeguards.Under PIPEDA, an organization needs to establish security safeguards to protect personal information. In the fact pattern, there is insufficient information to determine whether there were any safeguards in place.

please help ASAP!!