An iPhone displays the Facebook app in New Orleans on Aug. 11, 2019. Two Facebook users are seeking damages on behalf of hundreds of thousands of Canadians whose personal data may have been improperly used for political purposes. THE CANADIAN PRESS/AP, Jenny Kane

An iPhone displays the Facebook app in New Orleans on Aug. 11, 2019. Two Facebook users are seeking damages on behalf of hundreds of thousands of Canadians whose personal data may have been improperly used for political purposes. THE CANADIAN PRESS/AP, Jenny Kane

Planned class-action suit against Facebook alleges misuse of personal information

The probe followed reports that Facebook let an outside organization use an app to access users’ personal information

Two Facebook users are seeking damages on behalf of hundreds of thousands of Canadians whose personal data may have been improperly used for political purposes.

The proposed class-action lawsuit filed by Calgary residents Saul Benary and Karma Holoboff asks the Federal Court to order the social-media giant to bolster its security practices to better protect sensitive information and comply with federal privacy law.

It also seeks $1,000 for each of the approximately 622,000 Canadians whose information was shared with others through a digital app.

In April last year, privacy commissioner Daniel Therrien and his British Columbia counterpart, Michael McEvoy, uncovered major shortcomings in Facebook’s procedures and called for stronger laws to protect Canadians.

The probe followed reports that Facebook let an outside organization use an app to access users’ personal information, and that some of the data was then passed to others. Recipients of the information included the firm Cambridge Analytica, which was involved in U.S. political campaigns.

The app, at one point known as “This is Your Digital Life,” encouraged users to complete a personality quiz but collected much more information about the people who installed the app as well as data about their Facebook friends, the commissioners said.

About 300,000 Facebook users worldwide added the app, leading to the potential disclosure of the personal information of approximately 87 million others, including some 622,000 Canadians, the report said.

The commissioners concluded that Facebook broke Canada’s privacy law governing companies by failing to obtain valid and meaningful consent of app users and their friends, and that it had “inadequate safeguards” to protect user information.

Despite its public acknowledgment of a “major breach of trust” in the Cambridge Analytica scandal, Facebook disputed the report’s findings and the commissioners said the company refused to implement their recommendations.

As a result, Therrien launched his own Federal Court action in February, asking a judge to declare that Facebook violated Canadian privacy law.

In turn, Facebook asked a judge to toss out the watchdog’s finding that the social media giant’s lax practices allowed personal data to be used for political purposes.

Facebook has said there is no evidence that Canadian user data was shared with Cambridge Analytica, a point the company reiterated Wednesday in a statement to The Canadian Press.

In their application to the court, however, Benary and Holoboff say they were informed by Facebook in April 2018 that their information “had been disclosed to Cambridge Analytica without their consent.”

The two complained to Therrien’s office that year about the improper collection and disclosure of their information.

In October 2019, the commissioner informed Benary and Holoboff they were entitled to pursue their complaints in Federal Court.

The notice of application asks the court to certify the action as a class proceeding and declare that Facebook was obliged to safeguard their information under the Personal Information Protection and Electronic Documents Act.

Lawyers for Benary and Holoboff had no comment.

Facebook has not yet responded in court to the class-action application.

Meg Sinclair, a spokeswoman for Facebook Canada, said Wednesday the company had made “dramatic improvements to our platform to protect people’s personal information.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

facebook

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, announced the province surpasses one million COVID-19 tests Friday. (Photo by Chris Schwarz/Government of Alberta)
COVID-19: Central zone active cases up by 100 in last 24 hours

Most central Alberta communities under province’s enhanced measures list

Millet Fire Department 2019. Photo/ Pipestone Flyer.
Millet Fire Department hosts “Light it Up for Liam” event

The Millet Fire Department is lighting up the fire hall this season with holiday spirit.

file photo
Wetaskiwin, Maskwacis RCMP search warrant seize drugs; numerous charges laid

39-year-old Wetaskiwin man, Wayne Wiebe charged with 21 criminal code offences.

.
Alberta confirmed more than 1,500 COVID-19 cases Sunday

Central zone active cases slightly up

A nurse gets a swab ready at a temporary COVID-19 test clinic in Montreal, on Friday, May 15, 2020. Health Canada has reversed course on home test kits for COVID-19, saying it will now review applications for such devices. THE CANADIAN PRESS/Paul Chiasson
Kyle Charles poses for a photo in Edmonton on Friday, Nov. 20, 2020. Marvel Entertainment, the biggest comic book publisher in the world, hired the 34-year-old First Nations illustrator as one of the artists involved in Marvel Voice: Indigenous Voices #1 in August. THE CANADIAN PRESS/Jason Franson
VIDEO: Indigenous illustrator of new Marvel comic hopes Aboriginal women feel inspired

Kyle Charles says Indigenous women around the world have reached out

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

This undated photo issued by the University of Oxford shows of vial of coronavirus vaccine developed by AstraZeneca and Oxford University, in Oxford, England. Pharmaceutical company AstraZeneca said Monday Nov. 23, 2020, that late-stage trials showed its coronavirus vaccine was up to 90% effective, giving public health officials hope they may soon have access to a vaccine that is cheaper and easier to distribute than some of its rivals. (University of Oxford/John Cairns via AP)
VIDEO: How do the leading COVID vaccines differ? And what does that mean for Canada?

All three of the drug companies are incorporating novel techniques in developing their vaccines

Ilaria Rubino is shown in this undated handout image at University of Alberta. Alberta researcher Rubino has developed technology allowing mostly salt to kill pathogens in COVID-19 droplets as they land on a mask. THE CANADIAN PRESS/HO-University of Alberta
Alberta researcher gets award for COVID-19 mask innovation

The salt-coated mask is expected to be available commercially next year after regulatory approval.

Russ and Luanne Carl are sharing about their experiences of fighting COVID-19 this past summer. (Photo submitted)
Stettler couple opens up about COVID-19 battle

Luanne and Russ Carl urge others to bolster personal safety measures amidst ongoing pandemic

This 2019 photo provided by The ALS Association shows Pat Quinn. Quinn, a co-founder of the viral ice bucket challenge, died Sunday, Nov. 22, 2020, at the age of 37. (Scott Kauffman/The ALS Association via AP)
Co-founder of viral ALS Ice Bucket Challenge dies at 37

Pat Quinn was diagnosed with Lou Gehrig’s disease, also known as amyotrophic lateral sclerosis, in 2013

Minister of Justice and Attorney General of Canada David Lametti speaks with the media following party caucus in Ottawa, Tuesday, January 28, 2020. THE CANADIAN PRESS/Adrian Wyld
Exclusion of mental health as grounds for assisted death is likely temporary: Lametti

Senators also suggested the exclusion renders the bill unconstitutional

Claudio Mastronardi, Toronto branch manager at Carmichael Engineering, is photographed at the company’s offices in Mississauga, Ont., Thursday, Nov. 19, 2020. As indoor air quality becomes a major concern in places of business, HVAC companies are struggling to keep up with demand for high quality filtration systems. THE CANADIAN PRESS/Chris Young
Business is booming for HVAC companies as commercial buildings see pandemic upgrades

‘The demand right now is very high. People are putting their health and safety ahead of cost’

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Long-awaited federal rent subsidy program for businesses hurt by COVID-19 opens today

The new program will cover up to 65 per cent of rent or commercial mortgage interest

Most Read