Facebook violated Canada’s data and privacy law between 2013 and 2015, Federal Court of Appeal rules

The Federal Court of Appeal finds that Facebook violated Canadian privacy law by failing to adequately inform users of the risks to their data when they signed up for the popular social media platform.

In a new decision, a three-judge panel of the Court of Appeal unanimously concludes that Facebook, whose parent company is Meta, did not obtain the valid consent required by the Personal Information Protection and Electronic Documents Act between 2013 and 2015.

This appeal decision overturns a 2023 Federal Court judgment.

In the latest decision, the appeals court says Facebook invited millions of apps onto its platform but failed to adequately oversee them.

She also considers that the Federal Court’s failure to examine at first instance the relevant evidence on this point constitutes an error of law.

In a written statement, Privacy Commissioner Philippe Dufresne said the decision “reflects the fact that even large international data companies, whose business model is based on user data, must respect Canadian privacy law and protect the fundamental right to privacy of individuals.”

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