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

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

Facebook has repeatedly said there is no evidence that Canadian user data was shared with Cambridge Analytica

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.

READ MORE: Unclear how many misinformation posts about B.C. election are shared on Facebook

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 repeatedly said there is no evidence that Canadian user data was shared with Cambridge Analytica.

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 subsequently complained to Therrien’s office about the improper collection and disclosure of their information.

In October last year, 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 and did not immediately provide comment on the filing.

Jim Bronskill, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

facebook

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

Just Posted

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

The avalanche came down on the highway sometime Sunday evening (Feb. 21) (Dawson photo)
Road to Bella Coola wharf reopens after large avalanche

The road was closed after a large avalanche covered a significant portion of the highway

Jenni Mueller lives near the wharf on the other side of the avalanche. She took this photo and thinks the avalanche happened around 8 p.m. last night (February 21). (Jenni Mueller photo)
Avalanche closes road to wharf at Bella Coola

A day and night of heavy rain resulted in avalanches across the region

Fisheries and Oceans Canada released it's 2021 Pacific Herring Integrated Fisheries Management Plan Feb. 19. (File photo)
Northern herring opportunities kept to a minimum

2021 management plan caps Prince Rupert fishery at 5 per cent

Williams Lake First Nation government staff are anticipated to return to work Monday, Jan. 25. (Rebecca Dyok photo)
Court orders new hearing over Williams Lake First Nation’s century-old land dispute

A three-judge panel unanimously set aside a 2018 finding by the Specific Claims Tribunal

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

“Support your city” reads a piece of graffiti outside the Ministry of Finance office. (Jane Skrypnek/News Staff)
Slew of anti-bylaw graffiti ‘unacceptable’ says Victoria mayor, police

Downtown businesses, bylaw office and Ministry of Finance vandalized Wednesday morning

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

According to a new poll, a majority of Canadians want to see illicit drugs decriminalized. (THE ASSOCIATED PRESS)
Majority of Canadians think it’s high time to decriminalize illicit drugs: poll

More than two-times the B.C. residents know someone who died from an overdose compared to rest of Canada

Photograph By @KAYLAXANDERSON
VIDEO: Lynx grabs lunch in Kamloops

A lynx surprises a group of ducks and picks one off for lunch

(Black Press Media file photo)
B.C. residents can reserve provincial camp sites starting March 8

B.C. residents get priority access to camping reservations in province

Most Read