That language was presented to users, generally on registration, in relation to disclosures that could occur years later, to unknown apps for unknown purposes. Facebook relied on overbroad and conflicting language in its privacy communications that was clearly insufficient to support meaningful consent. Facebook also failed to obtain meaningful consent from friends of installing users.Facebook relied on apps to obtain consent from users for its disclosures to those apps, but Facebook was unable to demonstrate that: (a) the TYDL App actually obtained meaningful consent for its purposes, including potentially, political purposes or (b) Facebook made reasonable efforts, in particular by reviewing privacy communications, to ensure that the TYDL App, and apps in general, were obtaining meaningful consent from users.
Facebook failed to obtain valid and meaningful consent of installing users.they were incomplete, or otherwise deficient).īased on the evidence gathered during this investigation, our findings can be summarized as follows: We are disappointed that many of our questions have as yet gone unanswered or not answered to our satisfaction (i.e. To ensure a fair investigation of the facts, we have sought information and submissions from Facebook. Our investigation focused on three general areas of concern under PIPEDA and the Personal Information Protection Act (British Columbia) (“ PIPA”): (i) consent of users, both those who installed an app and their friends, whose information was disclosed by Facebook to apps, and in particular to the TYDL App (ii) safeguards against unauthorized access, use and disclosure by apps and (iii) accountability for the information under Facebook’s control. In April 2018, the OPC was joined by the Office of the Information and Privacy Commissioner for British Columbia (“ OIPC BC”) and the investigation continued as a joint investigation. (“Facebook”) relating to its compliance with the Personal Information Protection and Electronic Documents Act (“ PIPEDA”) in the wake of revelations about Facebook’s disclosure of the personal information of certain of its users to a third-party application (the “ TYDL App”)-information that was later used by third-parties for targeted political messaging. In March 2018, in response to a complaint, the Office of the Privacy Commissioner of Canada (“ OPC”) commenced an investigation into Facebook, Inc. Facebook’s representations to us regarding safeguardsįacebook’s Response to our RecommendationsĪppendix A - Defined terms used in the reportĪppendix B - Additional detail regarding the TYDL App.Analysis regarding consent from Affected Users.Facebook’s representations to us regarding consent from Affected Users.Analysis regarding consent from Installing Users.
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