The Supreme Court of Canada has postponed its decision on a significant privacy lawsuit involving Facebook’s involvement in the Cambridge Analytica scandal of the 2010s. Following a one-day hearing in Ottawa, the top court has reserved its ruling to determine if Facebook obtained valid consent from users before gathering, using, and sharing their personal data with third-party apps. The court also reviewed whether the tech company adequately protected its users’ data.
During the hearing, Michael Feder, representing Facebook, emphasized the necessity for consent regarding the disclosure of user information to apps, distinguishing it from the app’s actions, which he stated were not Facebook’s responsibility.
Facebook, now Meta, is appealing a 2024 Federal Court of Appeal decision that found the company violated federal privacy laws by not adequately informing users about data risks. This ruling overturned a 2023 Federal Court decision that contradicted the appeal court’s findings.
Colleen Bauman, representing the Office of the Privacy Commissioner of Canada, stressed the importance of ensuring users have control over their social media interactions. The investigation by the privacy commissioner was initiated in response to a 2019 complaint regarding Facebook’s compliance with federal privacy laws, ultimately concluding that Facebook breached these regulations.
David Fraser, a privacy law specialist at McInnes Cooper in Halifax, noted that the case could influence how companies in Canada seek consent and handle data management. He highlighted the potential impact on platforms like the Apple App Store, questioning Apple’s responsibility in overseeing the multitude of apps on its platform.
The lawsuit is linked to the Cambridge Analytica data scandal from a decade ago, where the consulting firm misused personal data from around 87 million Facebook users for political advertising without consent. Notably, data was not only collected from users of the quiz app but also from their Facebook friends, affecting over 600,000 Canadians, according to Facebook estimates.
University of Ottawa law professor Michael Geist expressed frustration at the prolonged case, emphasizing the need for clarity and enforcement in Canadian privacy laws. Geist urged lawmakers to update outdated privacy regulations, emphasizing the urgency for legislative changes ahead of the court’s judgment, which could be months away.