Canadian privacy & access decisions

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.

• Whether the OPC and OIPC BC had jurisdiction to investigate the matter.
• Whether Facebook's provision of access to personal information via its Graph API constitutes a "disclosure" under PIPEDA.
• Whether Facebook obtained valid and meaningful consent from installing users for the disclosure of their personal information to third-party apps, including the TYDL App.
• Whether Facebook made reasonable efforts to ensure third-party apps obtained meaningful consent from installing users.
• Whether Facebook's reliance on overbroad and conflicting language in its privacy communications was sufficient for meaningful consent from installing users.
• Whether Facebook obtained meaningful consent from friends of installing users (Affected Users) for the disclosure of their personal information to third-party apps.
• Whether Facebook had adequate safeguards to protect user information against unauthorized access, use, and disclosure by apps.
• Whether Facebook's monitoring and enforcement of its Platform Policy were adequate.
• Whether Facebook's implementation of Graph v2 and App Review adequately addressed safeguard concerns for ongoing compliance.
• Whether Facebook was accountable for the user information under its control.
• Whether Facebook's policies and practices gave effect to the privacy principles under PIPEDA and PIPA.