It has been many years since the Facebook and Cambridge Analytica privacy scandal captured headlines. The services at the heart of the case no longer exist, but the legal case in Canada continues to march on. Last month, the Federal Court of Appeal overturned a lower court decision that had largely sided with Facebook. In its place, it released a new decision that includes and analysis of reasonableness under the Canadian privacy law and engages with the notion of a potential trust but verify standard in some cases when data is transferred to third parties.
The case may not be over yet, but the latest decision has big implications for privacy in Canada. David Fraser, one of Canada’s leading privacy practitioners with McInnes Cooper and the creator a popular Youtube channel on privacy law, joins the Law Bytes podcast to provide the background on the case, assess the key findings, and consider what may come next.
The podcast can be downloaded here, accessed on YouTube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.
Show Notes:
Canada (Privacy Commissioner) v. Facebook, Federal Court of Appeal
Credits:
Guardian News, Zuckerberg: Facebook Believed Cambridge Analytica Deleted Private Data
Related posts:
The Law Bytes Podcast, Episode 192: Kate Robertson on the Privacy, Expression and Affordability Risks in Bill C-26
The Law Bytes Podcast, Episode 196: Vibert Jack on the Supreme Court’s Landmark Bykovets Internet Privacy Ruling
The Law Bytes Podcast, Episode 212: Matt Hatfield on the State of Canadian Digital Policy as Politicians Return from the Summer Recess
The impunity with which this company has been able to act is a made-in-the-USA problem and a direct consequence of our neighbour’s neoliberal antitrust policies and inability to regulate or even enforce their own laws against tech billionaires. Like all countries around the world, Canada has struggled to deal with Meta’s blend of data surveillance, behavioural modifcation, and disinformation spreading. I think the lesson is that market-based solutions are not sufficient and Brazil’s recent handling of Musk provides the best model for moving forward. Hopefully the CRTC is building a case against their false claim that they do not deal in news and a more assertive approach is used going forward.
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