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ARTICLE · 23 JUNE 2022

B.C. Court Rules Facebook Liable For Privacy Violations In Class Action

The case involved Facebook's "Sponsored Stories" advertising program that Ms. Douez, as class representative, claimed used users' names and likeness without their consent.

CanadaPrivacy

Another chapter in the now decade-long saga of Douez v. Facebook was penned earlier this month as a British Columbia Court found Facebook liable for providing advertisers access to users' personal information without the users' consent. On June 2, 2022, after a summary trial, the Court ruled that Facebook's "Sponsored Stories" advertising practices contravened the privacy statutes of B.C., Saskatchewan, Manitoba, and Newfoundland and Labrador. The proceeding, first commenced in 2012 and certified as a class action in 2014, involved a lengthy battle relating to jurisdictional competence and the enforceability of a forum selection clause in Facebook's Terms of Use. In 2019, the Supreme Court of Canada ruled that the clause was unenforceable and certified the class proceeding.

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