← Back to catalogue/Federal (Canada)PIPEDA Findings #2019-002
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded

PIPEDA Findings #2019-002: Joint investigation of Facebook, Inc. by the Privacy Commissioner of Canada and the Information and Privacy Commissioner for British Columbia

Organization: Facebook, Inc.Complainant: Anonymous applicant
Plain-language brief

The Office of the Privacy Commissioner of Canada (OPC) and the Office of the Information and Privacy Commissioner for British Columbia (OIPC BC) conducted a joint investigation into Facebook, Inc.'s compliance with PIPEDA and PIPA following revelations about the "thisisyourdigitallife" (TYDL) app and its data sharing with Cambridge Analytica. The investigation focused on Facebook's consent practices for both installing users and their friends, its data safeguards, and its overall accountability. The OPC found that Facebook failed to obtain meaningful consent from users for the disclosure of their personal information to third-party apps, including the TYDL app, and that its safeguards against unauthorized access and use were inadequate. Furthermore, Facebook was deemed to have abdicated its responsibility for user information, demonstrating a lack of accountability. Despite recommendations from the OPC, Facebook rejected or refused to implement them, leading to a finding that the complaint was well-founded and remains unresolved. The OPC stated it would pursue further action under its authorities.

Key issues
  1. 1Whether the OPC and OIPC BC had jurisdiction to investigate the matter.
  2. 2Whether Facebook's provision of access to personal information via its Graph API constitutes a "disclosure" under PIPEDA.
  3. 3Whether Facebook obtained valid and meaningful consent from installing users for the disclosure of their personal information to third-party apps, including the TYDL App.
  4. 4Whether Facebook made reasonable efforts to ensure third-party apps obtained meaningful consent from installing users.
  5. 5Whether Facebook's reliance on overbroad and conflicting language in its privacy communications was sufficient for meaningful consent from installing users.
  6. 6Whether Facebook obtained meaningful consent from friends of installing users (Affected Users) for the disclosure of their personal information to third-party apps.
  7. 7Whether Facebook had adequate safeguards to protect user information against unauthorized access, use, and disclosure by apps.
  8. 8Whether Facebook's monitoring and enforcement of its Platform Policy were adequate.
  9. 9Whether Facebook's implementation of Graph v2 and App Review adequately addressed safeguard concerns for ongoing compliance.
  10. 10Whether Facebook was accountable for the user information under its control.
  11. 11Whether Facebook's policies and practices gave effect to the privacy principles under PIPEDA and PIPA.
Outcome breakdownFavours: Applicant / complainant
  • Meaningful consent: Facebook failed to obtain meaningful consent
  • Data safeguards: Safeguards were inadequate
  • Accountability: Facebook lacked accountability
  • Complaint outcome: Complaint well-founded and unresolved
  • Recommendations: Facebook rejected recommendations
Outcome

Complaint well-founded and unresolved

Reasoning

The OPC found that Facebook failed to obtain meaningful consent from users, implement adequate safeguards, and demonstrate accountability for personal information under its control. Facebook subsequently rejected the OPC's recommendations for corrective measures.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • Clause 4.3 PIPEDA
  • Clause 4.3.2 PIPEDA
  • Section 6.1 PIPEDA
  • Clause 4.3.6 PIPEDA
  • Clause 4.3.5 PIPEDA
  • Clause 4.7 PIPEDA
  • Clause 4.7.1 PIPEDA
  • Clause 4.1 PIPEDA
  • Clause 4.1.4(a) PIPEDA
  • Section 10 PIPA
  • Section 34 PIPA
  • Section 4(2) PIPA
  • Section 5 PIPA

This summary is for informational purposes only and not legal advice.

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