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ARTICLE · 24 SEPTEMBER 2024

What's The Meaning Of Meaningful Consent?

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In the latest round of privacy litigation between Facebook and the Office of the Privacy Commissioner of Canada (OPC), on September 9, 2024 the Federal Court of Appeal (FCA)...

CanadaMedia, Telecoms, IT, Entertainment
Bernice Karn
Bernice Karn
Dakota Bundy
Dakota Bundy
Gerrit Yau
Gerrit Yau
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In the latest round of privacy litigation between Facebook and the Office of the Privacy Commissioner of Canada (OPC), on September 9, 2024 the Federal Court of Appeal (FCA) ruled that Facebook breached the requirement under the Personal Information Protection and Electronic Documents Act (PIPEDA)1 to obtain meaningful consent from users prior to its disclosure of their personal information to third party app developers and that it failed in its obligation to safeguard user data.2 The decision overturns a 2023 Federal Court ruling.

Since as early as 2019, the OPC has been investigating the shortcomings in Facebook's data privacy procedures3 in response to a complaint regarding Facebook's disclosure of the personal information of certain of its users to the developer of the "thisisyourdigitallife" application (the TYDL App). The TYDL App encouraged users to complete a personality quiz but collected much more information about the users as well as data about their

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