The Supreme Court of Canada has postponed its decision on a significant privacy case involving Facebook’s involvement in the Cambridge Analytica scandal during the 2010s. Following a one-day hearing in Ottawa, the highest court reserved its judgment, focusing on whether Facebook had obtained valid consent from users before gathering, utilizing, and disclosing their personal information to third-party apps. The court also examined whether the tech giant had taken adequate measures to protect its users’ data.
Representing Facebook, Michael Feder emphasized the necessity for consent from users for disclosing information to apps, distinguishing it from Facebook’s responsibilities. Facebook, now known as Meta, is appealing a 2024 Federal Court of Appeal ruling that found the company violated federal privacy laws by failing to adequately inform users of data risks. This ruling overturned a 2023 Federal Court decision that had ruled in favor of Facebook.
Colleen Bauman, representing the Office of the Privacy Commissioner of Canada, stressed the importance of ensuring user control over social media engagement. The Office initiated an investigation into Facebook’s compliance with federal privacy laws after receiving a complaint in 2019 and concluded that Facebook had breached the regulations.
Privacy law expert David Fraser highlighted the potential implications of the case on how companies seek consent and manage data in Canada. He raised questions about the responsibility of platforms like the Apple App Store in supervising the multitude of apps on their platform.
The case originates from the Cambridge Analytica data scandal, where the British firm illicitly harvested personal data from millions of Facebook users, including over 600,000 Canadians, without their consent for targeted political ads. University of Ottawa law professor Michael Geist emphasized the urgent need for updates to Canadian privacy laws, suggesting that Parliament must enact legislative changes promptly due to the inadequacies in current laws.