PRIVACY COMMISSIONER OF CANADA v. FACEBOOK, INC.
PRIVACY COMMISSIONER OF CANADA
Law Firm / Organization
Government
  • Background:

    • The Privacy Commissioner of Canada filed an application under PIPEDA, alleging Facebook breached PIPEDA by sharing users’ personal information with third-party applications on its platform.
    • The allegations followed an investigation into a complaint regarding the "thisisyourdigitallife" application, which obtained data from Facebook and disclosed it to Cambridge Analytica?.
  • Investigation and Report:

    • On April 25, 2019, the Privacy Commissioner concluded that Facebook had breached PIPEDA, leading to the filing of this application on February 6, 2020?.
  • Facebook’s Defense:

    • Facebook argued that the responsibility for the transfer of information by Dr. Kogan, associated with the "thisisyourdigitallife" app, lies with Dr. Kogan, not Facebook.
    • Facebook claimed it was reasonable for them to rely on the Commissioner’s representations that its process was effective in obtaining meaningful consent?.
  • Issues Addressed:

    • The primary focus was whether Facebook failed to obtain meaningful consent from users and whether it adequately safeguarded user information?.
  • Conclusion:

    • The Commissioner did not successfully demonstrate that Facebook’s reliance on good faith and honest execution of its contractual agreements with third-party app developers was inadequate.
    • It was concluded that the Commissioner had not met the burden of showing a breach of PIPEDA by Facebook in terms of meaningful consent and adequate safeguarding of user information?.
Federal Court
T-190-20
Privacy law
$ 80,000
Respondent
06 February 2020