Notice of Application with the Federal Court against Facebook, Inc.

Approval based on Article 15 (a) of the Act, S. K. 2000, P. 5.

NOTICE OF APPLICATION

defendant

The applicant has begun a trial. The judicial support required by the applicant is listed on the right page.

This petition is examined by the judicial manager within the time and space assigned by the judicial administrator. If the court does not destroy any other, the hearing list will satisfy the applicant's wishes. The applicant hopes that the petition will be heard in Otaba, Ontario.

If you want to be notified about the deliberation stage of the application in opposition to this statement, or if you want to obtain documents about the application for you, you or your agent, you are a lawyer. The Federal Court Regulations shall prepare the appearance notice 305, and if you are the applicant's lawyer or applicant, you shall be given to the applicant in the direction of receiving a report on the application 10 days later. 。

The Federal Court rules, information on the court's district branch, and other necessary information can be obtained by claiming Ottawa's court administrator (telephone: 613-992-4238) or the district branch.

If you are not aware of this description, you may come to a conclusion without support even in places where you can not access.

Date: February 6, 2020

issue

District Office Address: Thomas d'Arsi McGI Building 90 Sparks Street, Ottava Key Floor, ONTARIO, K1A 0H9

address

Defendant's defense team, Facebook, Inc.

Application

1. The Defense Committee of the Canadian Defense Committee (hereinafter referred to as "UZCABLE" or "Personal Defense Committee") S. K. 2000 Based on Article 15 (A) of, p. 5), substantial approval is delivered. April 25, 2019 for claims related to sel f-information processing by defendant Facebook, Inc. (hereinafter "Facebook") in K. 2000, P. 5 (hereinafter "Pipeda" or "Law"). In the subsequent announcement order of the Date Conclusion Report.

THE APPLICANT MAKES APPLICATION FOR:

1. Facebook is actually 4. 3, 4. 3. 2, 4. 7, and 6:
   1. Regarding the disclosure of their own information on external applications (hereinafter referred to as "applications"), the following regarding the user's consent, especially the TYDL application, as follows.
   2. Without making meaningful efforts to provide this, users are quite trusted to provide important agreements to disclose their information in these applications;
   3. With a clear permission of the user, to disclose his information through Facebook's friends (defined below).
   4. Unauthorized access or unauthorized use by applications cannot be properly protected by user information.
   1. Clearly notify the user of the morals, purpose, and results of personal information 3 to individuals, and the users are important or at that point before or at that time before applying or disclosure of personal information about the introduction and disclosure of personal information. Providing this information in time so that you can provide a match;
   2. Get a clear consent from the user when Facebook uses his own information;
   3. This is all kinds to be provided by other users (including Faceboo k-Friends, as described in the actual document), which third parties can access their personal information at any time. We will provide the ability to confirm that the amount of applications is to have access rights to access any of your personal information;
   4. This guarantees that the user is notified anytime and anytime, and the mood, goals and results of all three personal accesses;
   5. By guaranteeing this, the user has the ability to change from his own preference like this and do not make an unreasonable effort, partially or prohibits access to these three personal information. Complete;
   6. Facebook-A certain prediction and control of all three notifications and confidentiality practice to guarantee the relationship between political figures, Facebook claims, Pipeda-claiming rights.
   7. It has the ability to recommend a lawyer, and to adopt a clear measure after this prestigious court is regarded as fair and appropriate.

   THE GROUNDS FOR THE APPLICATION ARE:

   Background

   1. Facebook Facebook is a mass company that offers and products from 245 billion "monthly concentration" of public nets around the world. Facebook's business model connects advertisers' loads to promote their notifications in a literally ambitious section of Facebook users. It collects Facebook and contains access to the vast amount of its own information about its own users, which is the source of people who have all opportunities for advertisers to pay for them. It is also important to expand its abilities to give the group access.
   2. Anyone who has an e-mail address and the date of birth to be over 13 can create a profile on Facebook and get gift access to public networks. The user probably encourages them to do so, inspire, become a friend with another relationship, and sends "friendship requests" to other public networks. In this way, the user becomes a "Facebook friend" and posts it on Facebook's "temporary line" (a unique page related to individual users, which is concentrated in the tim e-series data circle of posted). There is a chance to spread other information and spread other information. Users have the chance to see and interact with their friends on Facebook. The content is easy for only your friends to access, but not all users and the general public access.
   3. Facebook offers users with various tools for sel f-identity and sel f-description. "Tags" that adds metadata to identify photos and videos and metadata to identify things depicted on that person, your own interest, taste, human relationships, places, schools and schools List of no n-personal information: Users' roles and creations in "groups", creating and managing "events", live videos broadcasting in real time, express their opinions, personal or large amounts of messages Exchange, reflection and distribution of information, your own information, and other methods of other methods.
   4. {space}
   5. {space}
   6. {Space} Facebook Facebook is a mass company that offers offers and products from "monthly concentration" of 2045 billion people around the world. Facebook's business model connects advertisers' loads to promote their notifications in a literally ambitious section of Facebook users. It collects Facebook and contains access to the vast amount of its own information about its own users, which is the source of people who have all opportunities for advertisers to pay for them. It is also important to expand its abilities to give the group access.
   7. Anyone who has an e-mail address and the date of birth to be over 13 can create a profile on Facebook and get gift access to public networks. The user probably encourages them to do so, inspire, become a friend with another relationship, and sends "friendship requests" to other public networks. In this way, the user becomes a "Facebook friend" and posts it on Facebook's "temporary line" (a unique page related to individual users, which is concentrated in the tim e-series data circle of posted). There is a chance to spread other information and spread other information. Users have the chance to see and interact with their friends on Facebook. The content is easy for only your friends to access, but not all users and the general public access.
   8. Facebook offers users with various tools for sel f-identity and sel f-description. "Tags" that adds metadata to identify photos and videos and metadata to identify things depicted on that person, your own interest, taste, human relationships, places, schools and schools List of no n-personal information: Users' roles and creations in "groups", creating and managing "events", live videos broadcasting in real time, express their opinions, personal or large amounts of messages Exchange, reflection and distribution of information, your own information, and other methods of other methods.
   9. Facebook also invites users to access applications provided by major overseas developers, not Facebook himself, and users use the application on the Facebook platform. Can do. The purpose and functions of these applications are very varied, but for example, games, entertainment applications, electric and commerce applications, applications that integrate other user accounts into public networks, messaging and personal communication applications. There is. OPC research (described later) was conducted on Facebook when Victorin's caricature applications were widely used on Facebook. The similar quiz applications produce personalized results based on collecting users for specific questions and analyzing// or based on user profiles and base content. The TYDL application described below is an application based on a similar quiz.

   The Complaints and OPC Investigation

   1. Facebook is the ability to analyze or "extract" information collected from user profiles, Facebook, and information collected from user notifications, for example, as a result of user behavior on the network. We have access to a very wealth of information about individual users. Examples of Infa that Facebook collect regularly include names, gender, date of birth, place, place of residence, photographs and comments, and other ways that the person interacts in other ways. Includes user's Facebook page and other users who are friends on Facebook. Facebook is also a large amount of behavioral information about users online work, data on sites and applications that users visit or use on their computer, mobile phones, and other electrical equipment, and when exchanging them with these sites and applications. Access and collect the offer and functions used by users. Facebook has potentially collect a lot of secret information from its own users, and the number is calculated in hundreds of millions. Facebook has created the real danger of the Belan by collecting such unique information, managing it under its management, and creating an environment that publishes it to three people.
   2. Commission for the Protection of Private Life of Canada. OPC is an independent bipartisan parliamentary agent, and is legally authorized to promote and protect Canadian rights for invasion of private life. OPC has authority in relation to the Federal Public sector based on the Privacy Law (R. S. C. 1985, P. P-21), and in relation to Facebook and other private organizations based on Pipeda. Pipeda's purpose, especially part 1, entitled "Protection of personal information in the private sector", collects personal rights for the invasion of private life related to personal information, and the organization for rational purposes. In order to protect the need to use and disclose, the rules are applied to collecting, using and disclosing personal information by the tissue.
   3. The most important part of the OP C-based OP C-based OPC Charter is a complaint submitted by the representatives of the people, assuming that Pipeda's specific provisions or recommendations specified in the separate table 1, and surveyed as needed. To do. By submitting complaints, the OPC is required to conduct a survey except for a specific situation. After the survey, the OPC is obliged to create a report on the committee's conclusions and recommendations to protect private life.
   4. OPC guarantees that through surveys, reports, and recommendations, the organization will comply with the obligations of protecting private life according to the law. OPC activities often focus on solving personal complaints and improving private life protection through negotiations and convicted rulings. If necessary, OPC has the right to make a wide range of recommendations to the organization. In the past, such recommendations include measures to prevent the invasion of private life and to prevent recurrence of other related issues.
   5. The conclusions and recommendations reported by the OPC are not orders or decisions to legally restrain the organization. On the contrary, if the Property Life Committee determines that Pipeda's complaint is legitimate and has not been resolved, it can be transferred to the Federal Court with the consent of the applicant, like this case. If necessary, the Federal Court has the right to issue a forced order to the organization to correct its practices in addition to other authority.
      1. On March 18, 2018, OPC was complained on Facebook by three members of the Diet (hereinafter "complaints").
      2. This complaint is that the British consultant company Cambridge Analytica has no consent to the personal information of millions of Facebook users through a thir d-party application called "The Your Digital Life" (hereinafter "TYDL App"). It occurred in the background of the report that it accessed. The TYDL app was described as the user gave a quiz about individuals. However, as a result of using the TYDL application, it became possible to access personal information, and the information was used to develop psychographic modeling to send political messages to specific users. Cambridge Analytica monitored the famous US political consultant, and to expand the function of developing political messaging and targeting of candidates who won the US presidential election in 2016 It was reported that it was used, and the media has received a broad response. In the subsequent reports, this data was also used to amplify the same political targeting and messaging that supported the "EU withdrawal campaign" prior to a referendum in the UK in 2016. It claims that it has decided to withdraw from) (expansion and collapse.
      3. This complaint is to conduct a survey on Facebook Pipeda compliance and general compliance with the TYDL application, and Facebook is in the future, and Facebook is not dangerous. Included requests to confirm that they were taking sufficient measures to protect the personal information of Canadians.

      The OPC ’s Preliminary Report of Investigation, Recommendations and Report of Findings

      1. OPC has begun a complaint investigation. In April 2018, the commissioner participated in information and confidential surveys in Colombia in the UK, and was jointly implemented in accordance with related regulation measures.
      2. There were three aspects of OPC survey along Pipeda:
      3. In particular, from Facebook users who have installed applications containing TYDL applications and Facebook friends, Facebook's properties and quality of consent when disclosing personal information to applications including TYDL application;
      4. Evaluation of protection measures for unauthorized access, use, and disclosure of the information by Thai DL applications and other applications.
      5. Facebook Revie w-Responsible for its own information around this review.
         1. On February 7, 2019, OZK gave Facebook a report on the claims and opinions, and a preparation report on the survey of OZK's case. RMP gave Facebook an opportunity to include comments on RMP in the preparatory report. Facebook made a thorough comment.
         2. The OPC has agreed to Facebook in the preparatory report to cancel Pipeda's OPC violation. Facebook takes measures by covering the appropriate prediction methods to ensure that your information should be transferred to the application. In order to ensure this, the user makes it easy to access information about which application accesses your information and simply prohibit or complete similar access. He ordered some other measures.
         3. OPC communicated and meets Facebook and its supporters, and saw a statement on Facebook. As a result, Facebook did not refuse or fulfill all OPC advice.
         4. On April 25, 2019, RMP published an inseparable report on his work results and concluded that the opposition Facebook was legitimate and undoubted.

         This Application

         1. The OPC has effectively set up a Facebook, as stipulated in the conclusion report and focused on the personal statement of Facebook:
         2. The user who opened the TYDL application provides such serious information to ensure heavy consent regarding the disclosure of the entire facebook, without serious agreement to open its own infection for applications. He did not make a meaningful effort to do. For example, OPC found that Facebook never had a test, and that applicatio n-specific politicians were actually needed to get the full consent from users;
         3. As a result of my friend installing the application on Facebook, I did not get an important permission from the user to access the user's own information for the TYDL application or other applications. In particular, Facebook was trying to rely on a very wide, vague and inconsistent expression in a message to the user, and was inadequate to get important consent;
         4. It did not provide appropriate security to effectively protect user information.
         5. In addition, Rust was not responsible for the information of the user under the management.
         6. During the investigation report, Privacy Commissioner publicly talked about planning to go to court in order to correct Facebook on Pipeda to correct the privacy practice.

         THE APPLICATION WILL BE SUPPORTED BY THE FOLLOWING MATERIAL:

         1. The OPC concluded in a survey report that Facebook's information disclosure would take risks to Canadian privacy. During the investigation, Facebook and its supporters said it was important to limit the public's information on applications owned by fellow Facebook users. However, Facebook is specific and current data that OPC complies with Pipeda, leads to privacy infringement of TYDL applications, and guarantees that the risk discovered during the OPC survey has been eliminated. We did not submit the evidence of processing practices to the OPC. OPC is used in a way that Facebook is disclosed to Facebook apps and other third parties until Facebook fixes its own practice according to Pipeda. I concluded that there is a continuous risk.
         2. Pipeda The privacy commissioner is the authority to be appealed or appeared in court due to a report on the Privacy Commissioner, which has been referred to in a part of the Pipeda. Is there. In this statement, privacy commissioners have the opportunity to complain about this provision, which is essential for the organization to comply with Pipeda. If the investigation is based on a complaint, the Personal Information Protection Committee needs to unite the petitioner to prove the claim. The Personal Information Protection Committee has unanimously unanimous to start deliberations on the submitted application form.

         {judge}

         The approved matter does not include the principle 4. 1. Pipeda Table 1 in Table 1 is not included. Therefore, OPC's findings regarding the responsibility of the submitted application form are not considered. Finally, privacy commissioners require relief to all other survey results in OPC through this submitted documents.

         {Submission}

         The PPC will rely on the Privacy Act, the Federal Court Act, the Federal Court Standards as may be promulgated from time to time, and any other law recommended by counsel or which this honorable court may deem fair.

         {RUST}.

         And any other reasons which counsel may state or which this court may deem appropriate.

         

         Elim Poon - Journalist, Creative Writer

         Last modified: 27.08.2024

         The D.C. OAG opposes Defendant Facebook's Motion to Dismiss on grounds that the. District of Columbia courts have personal jurisdiction over Facebook. The D.C. The Federal Court has (again) confirmed that simply describing data practices in a privacy policy will not absolve an organisation from breaches of the law. Court or an application to enter the Settlement Agreement is granted, whichever occurs first, as recorded on the Court's docket. c. FHA.