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

Class-action lawsuit filed by Calgary residents

OTTAWA — 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 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.

This report by The Canadian Press was first published Oct. 28, 2020.

facebook

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

Just Posted

Lieutenant Commander Nicole Robichaud welcomes Members of the Liberian Coast Guard aboard Her Majesty’s Canadian Ship (HMCS) Moncton for training with Royal Canadian Navy off the coast of Monrovia, Liberia, Africa on Neptune Trident on March 25, 2017. (Contributed photo by Corp. Ryan Moulton).
Red Deer-raised woman finds her sea legs as commander in the Royal Canadian Navy

Cdr. Nicole Robichaud started out as a local sea cadet

Rode
Feddema adds size and grit to RDC basketball Queens

Iris Feddema has known for several years what she wanted her future… Continue reading

A local photographer captured the contrails of two planes that crossed in the sky over north Red Deer on Wednesday. (Photo contributed by Eric Fischer)
Photo: Planes criss-cross over Red Deer

A local photographer captured the contrails of two planes that crossed in… Continue reading

Red Deer Public Schools will not pilot the new draft curriculum at its elementary schools. (File photo contributed by Red Deer Public Schools)
UPDATED: Red Deer Public Schools says no to piloting new curriculum

Alberta Teachers’ Association support school boards

Evan Siddall is pictured in Ottawa on September 21, 2017. Former head of Canada Mortgage and Housing Corp. Evan Siddall has been named as the next chief executive for Alberta Investment Management Corp. He will succeed Kevin Uebelein. THE CANADIAN PRESS/Sean Kilpatrick
AIMCo names former CMHC head Evan Siddall as next chief executive

AIMCo names former CMHC head Evan Siddall as next chief executive

A for sale sign is shown in by new homes in Beckwith, Ont., just outside Ottawa, on Wednesday, Jan. 11, 2018. THE CANADIAN PRESS/Sean Kilpatrick
Canadian home sales up 76% year-over-year, set new March record: CREA

Canadian home sales up 76% year-over-year, set new March record: CREA

WestJet president and CEO Ed Sims addresses the airline's annual meeting in Calgary, Tuesday, May 7, 2019. THE CANADIAN PRESS/Jeff McIntosh
WestJet CEO Ed Sims finds Air Canada aid package ‘bittersweet’ as talks drag on

WestJet CEO Ed Sims finds Air Canada aid package ‘bittersweet’ as talks drag on

The TMX broadcast centre is shown in Toronto on May 9, 2014. THE CANADIAN PRESS/Darren Calabrese
S&P/TSX composite, Dow Jones and S&P 500 set record highs as mood rises on economy

S&P/TSX composite, Dow Jones and S&P 500 set record highs as mood rises on economy

A man wearing a protective face mask to help prevent the spread of COVID-19 checks his phone as the sun sets in English Bay in Vancouver on April 5, 2021. Canada's existing mobile phone services and consumer groups will get a landmark ruling from the CRTC this afternoon. The regulatory ruling could shift some of the market power held by Rogers, Bell and Telus, which collectively have more than 90 per cent of the country's subscribers. THE CANADIAN PRESS/Jonathan Hayward
CRTC to allow smaller wireless players better access to national networks

CRTC to allow smaller wireless players better access to national networks

In this photo taken Sunday, May 17, 2020, U.S. and Canadian flags fly atop the Peace Arch at Peace Arch Historical State Park on the border with Canada in Blaine, Wash. THE CANADIAN PRESS/AP/Elaine Thompson
A electric car is seen getting charged at parking lot in Tsawwassen, near Vancouver B.C., April, 6, 2018. File photo by THE CANADIAN PRESS/Jonathan Hayward
‘Wrong signal:’ Federal ministers protest Saskatchewan’s electric vehicle tax

Two federal ministers are protesting Saskatchewan’s plan to bring in a tax… Continue reading

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. Canada’s charities are looking to next week’s federal budget with hopes the Liberals will extend their sector a helping hand as they face the possibility of a prolonged and protracted road to recovery even after the economy reopens. THE CANADIAN PRESS/Adrian Wyld
Charities hope Liberals’ budget lends helping hand as sector eyes long recovery

OTTAWA — Canada’s charities are hoping the Liberals extend them a helping… Continue reading

Most Read