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

32228 Buffalo Drive, Mission
2020 Christmas light displays in Mission and Abbotsford

Local homes in both communities are all lit up for the holidays

Abbotsford's Jada Klein
Abbotsford’s Jada Klein releases debut EP

Fresh off FVMA win, Robert Bateman grad’s ‘Always, Forever’ album arrives online

Abbotsford Christian Middle School staff and students were asked in a Nov. 15 letter, to self-isolate until Nov. 24. (File photo)
Fraser Health lists 3 more Abbotsford schools with COVID-19 exposures from Nov. 18 to 23

ACS, MEI and Abbotsford Traditional Senior Secondary listed

The Abbotsford Police Department is investigating a shooting on Adair Avenue on Saturday night. (File photo by Dale Klippenstein)
Drive-by shooting in Abbotsford targeted home with young children, police say

Investigators believe home was mistakenly targeted by assailants

Menno Place. (Google Street View image.)
Abbotsford care home looks to hire residents’ family members amid COVID-19-related staff shortage

Family would get paid as temporary workers, while having chance to see loved ones while wearing PPE

A bus shelter in White Rock is emblazoned with an ad from B.C.’s Office of the Human Rights Commissioner on Sunday, Nov. 29, 2020. (Black Press Media files)
VIDEO: ‘Am I racist?’ campaign asks British Columbians to confront their unconscious biases

Signs asking British Columbians to think about racial injustice have been put up across the province

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Jim Neufeld, 55, was last seen leaving his home in Penticton Jan. 21, 2009. (RCMP photo)
Human remains found off U.S. coast in 2009 identified as Penticton man

Jim Neufeld, 55, was last seen leaving his home in Penticton Jan. 21, 2009

Pitt Meadows Mayor John Becker at his former law office. (News files)
Former Pitt Meadows mayor suspended from practising law for 14 months

Statement from John Becker says anxiety and depression played role

Mary Ellen Turpel-Lafond speaks to a reporter in Vancouver on November 13, 2015. (THE CANADIAN PRESS/Darryl Dyck)
No evidence that B.C. ER staff played blood alcohol level game, but Indigenous racism widespread

Mary Ellen Turpel-Lafond releases findings of independent investigation

(Dave Landine/Facebook)
VIDEO: Dashcam captures head-on crash between snowplow and truck on northern B.C. highway

Driver posted to social media that he walked away largely unscathed

B.C. Finance Minister Carole James and Premier John Horgan announce $5 billion emergency fund for COVID-19 unemployment and other relief, B.C. legislature, March 23, 2020. (B.C. government)
Carole James stays on to advise B.C. Premier John Horgan

Retired finance minister to earn a dollar a year

A pedestrian makes their way through the snow in downtown Ottawa on Wednesday, Nov. 25, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Wild winter, drastic swings in store for Canada this year: Weather Network

In British Columbia and the Prairies, forecasters are calling for above-average snowfall levels

NDP Leader John Horgan, left, speaks as local candidate Ravi Kahlon listens during a campaign stop at Kahlon’s home in North Delta, B.C., on April 18, 2017. THE CANADIAN PRESS/Darryl Dyck

Most Read