Facebook Inc. sought judicial review of the Privacy Commissioner of Canada's (OPC) investigation and Report of Findings dated April 25, 2019.
The investigation followed a March 19, 2018, complaint by three Members of Parliament under PIPEDA, concerning Facebook's data handling in relation to Cambridge Analytica's unauthorized access to user data.
Key Points:
Facebook's services in Canada involve personal data collection, influencing its advertising business model and interactions with third-party applications.
The OPC, responsible for privacy rights protection, initiated the investigation based on the complaint.
Legal Proceedings:
Following the OPC's preliminary report, Facebook failed to resolve the OPC's concerns. The final report led to the OPC planning a PIPEDA application against Facebook.
Facebook filed for judicial review, challenging the OPC's jurisdiction and alleging procedural fairness breaches.
Court's Decision:
The court found Facebook’s application for review untimely (filed 355 days after the report) and ineligible for an extension. Facebook's reasons for the delay were deemed insufficient.
On the issue of the OPC missing the one-year investigation deadline under PIPEDA, the court ruled this did not invalidate the Report or lead to a loss of OPC's jurisdiction.
The court rejected Facebook's claims about the OPC's investigation scope, the complainants' standing, and jurisdictional issues, affirming the validity of the OPC's actions under PIPEDA.
Conclusion:
The court ruled against Facebook, maintaining the legitimacy of the OPC's investigation and Report. The OPC's actions were upheld within the framework of PIPEDA, despite the procedural delays.
