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

Wineries in the Central Okanagan this year saw a high quality harvest, but a low yield. Pictured is a winery in West Kelowna, in October. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

Business district is pictured during a traffic jam in Jakarta, Indonesia, June 20, 2019. REUTERS/Willy Kurniawan
Morning Start: By 2050, 95 percent of North Jakarta could be submerged

Your morning start for Wednesday, Nov. 25, 2020

Gord Portman has been reunited with his dog Zippy after reaching out to the community for help covering the cost of Zippy’s surgery. Zippy had successful mouth surgery Nov. 19, 2020 and has made a full recovery since. (Jesse Day - Western News)
Penticton rallies to save dog’s life

Gord Portman reached out to the community to help with the cost of his dog’s surgery

Masks are now officially mandatory in all City of Campbell River facilities. (Black Press File Photo)
Interior Health reports 49 new COVID-19 cases overnight

302 cases remain active; two in hospital

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

RCMP. (Phil McLachlan - Black Press Media)
Report of gunfire leads RCMP to men barricaded in North Shuswap home

Chase RCMP said investigation related to firearms offences is ongoing

A fentanyl test strip is used at Vancouver Coastal Health in Vancouver, Tuesday, January, 21, 2020. The test strips will be made available to drug users to ensure that their drugs are safe and free of Fentanyl. THE CANADIAN PRESS/Jonathan Hayward
Drug overdoses lead to 5 deaths each day in October; drug toxicity continues to increase

COVID-19 crisis continues to exacerbate the overdose crisis

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The Vernon Public Art Gallery is looking to the community to support its programming, which VantageOne Credit Union is matching for Giving Tuesday. (VPAG image)
Vernon art gallery gets a boost for Giving Tuesday

VantageOne Credit Union matching donations

The Vernon swimming pool is closed Friday. (morning star file photo)
Swim, skate and play fees rise 5% in North Okanagan

Weekend hours also reduced as rec centre struggles with fewer people and fewer funds

The City of Salmon Arm erected a fence around the Ross Street Plaza on Nov. 24/2020, citing reasons centering on safety and security due to camping by people who don’t have homes. The closure is temporary but it’s not known when it will be reopened. (Martha Wickett - Salmon Arm Observer)
City of Salmon Arm erects fence around public plaza to prevent camping

Lieutenant says lack of public space affects people without homes but he understands city’s decision

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Interior Health and School District 83 are responding to a confirmed COVID-19 exposure at the Salmon Arm Secondary Sullivan campus. (File photo)
COVID-19 exposure confirmed at Salmon Arm Secondary Sullivan campus

School District 83 says member of school community self-isolating at home

Most Read