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

SD62 bus driver Kerry Zado said it’s common to see drivers lose their patience and pass by his bus while he’s picking up students during the morning commute. (Aaron Guillen/News Staff)
School bus driver laments motorists who pass while red lights are flashing

All buses in Sooke School District outfitted with stop sign cameras

Metchosin Coun. Kyara Kahakauwila is stepping down as deputy mayor following controversy over her decision to travel to Mexico in December. (Black Press Media file photo)
Councillor steps down as deputy mayor of Metchosin after controversial trip to Mexico

Mayor hopeful mediation will help council get back to the business of community

Victoria police are seeking home surveillance video and witnesses following a prowling incident in Esquimalt Jan. 20. (Black Press Media file photo)
Esquimalt prowler removes air conditioner, peers into person’s home

VicPD is seeking video footage, witnesses following Jan. 20 incident

West Shore RCMP seized a stolen fish finder and drugs after searching a Colwood home Jan. 9. (Black Press Media file photo)
Search of Colwood home reveals stolen fish finder, drug trafficking evidence

West Shore RCMP suspect a 46-year-old woman is responsible

(Black Press Media files)
Transport Canada not budging on enclosed deck rules, despite calls from BC Ferries union

There have been at least 23 cases of the U.K. variant detected in Canada, four of which are in B.C.

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

(Black Press Media file photo)
From arts to environment, nominate your West Shore hero

Nominations for the Goldstream Gazette’s Local Hero awards are open

Rod Bitten of Union Bay won $500,000 in the Lotto Max draw on Jan. 15. Photo supplied
Vancouver Island electrician gets shocking surprise with $500K Extra win

Rod Bitten has been hard at work with home renovations, which is… Continue reading

Oyster River Fire Rescue members were called out to a suspicious fire in Black Creek. Two vehicles parked at a private residence were destroyed by fire. Photo courtesy Oyster River Fire Rescue
Suspicious fire destroys two vehicles at Vancouver Island residence

Oyster River Fire Rescue personnel were dispatched to a fire at a… Continue reading

Southern resident killer whales in B.C. waters. Research shows the population’s females are more negatively influenced by vessel traffic than males. (Photo supplied by Ocean Wise Conservation Association)
Female orcas less likely to feed in presence of vessel traffic: study

Research the southern resident population raises concerns over reproduction capacity

Eighteen-year-old Aidan Webber died in a marine accident in 2019. He was a Canadian Junior BMX champion from Nanaimo. (Submitted)
Inadequate safety training a factor in teen BMX star’s workplace death in 2019

Aidan Webber was crushed by a barge at a fish farm near Port Hardy

A suspect has been arrested in connection with fires at Drinkwater Elementary (pictured) and École Mount Prevost. (Kevin Rothbauer/Citizen)
Arson suspect arrested after fires at Cowichan Valley schools

Drinkwater Elementary and Mount Prevost schools hit within a week

Nanaimo RCMP are seeking the public’s help after a man allegedly assaulted a clerk at James General Store on Victoria Road on Jan. 18. (Submitted photo)
Suspect screams at customer then assaults store clerk in Nanaimo

RCMP asking for information about Jan. 18 incident at James General Store

Most Read