Canadian class action begun over Facebook data scandal

Cambridge Analytica, at heart of harvesting saga, filing for bankruptcy

Facebook is facing a class-action lawsuit on behalf of the 622,161 Canadians who may be among 87 million people whose personal data was improperly harvested.

The proposed suit comes on the same day Cambridge Analytica — the British political consulting firm at the centre of political probes in Canada, the U.S., and the U.K., as well as an investigation by Canada’s privacy commissioner — said it was shutting down and filing for bankruptcy because news reports about the privacy scandal had “driven away virtually all” of its customers and suppliers. A lawsuit filed Wednesday in Ontario Superior Court is the second class action to hit the Silicon Valley heavyweight over the Cambridge Analytica drama. The suit seeks $62 million in damages.

Last month, a class action was launched in U.S. district court on behalf of 71 million U.S. and U.K. users whose data may have been scraped by the firm, which has been accused of building detailed voter profiles for electoral gain.

The Canadian class action, which has not been certified by a judge, alleges Facebook and Facebook Canada disclosed users’ personal information without their consent and failed to protect their privacy.

A statement of claim filed in court Wednesday alleges the tech giant “intentionally or recklessly and without lawful justification invaded the private affairs or concerns of the (users) . . . in a way that a reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish.”

The Star is awaiting comment from Facebook after reaching out late Wednesday afternoon.

The lawsuit seeks $62,216,100 in punitive damages, or $100 for each of the 622,161 Canadians Facebook says may have had their info swept up by Cambridge Analytica.

The suit also seeks general damages in the amount of $1,000 for each class-action member.

Cambridge Analytica is not named as a defendant in the Canadian class action, which names only Facebook and Facebook Canada.

Both Cambridge Analytica and Facebook are defendants in the U.S. class action.

“Companies such as Facebook that collect and use personal information for commercial purposes are obliged to take strict measures to ensure that that information is not shared with or accessed by third parties without proper disclosure and prior consent,” said Sajjad Nematollahi, a Toronto-based lawyer who is representing the plaintiffs.

“The implications of failing to protect the integrity of users’ personal information extend beyond the privacy of those directly impacted to the foundations of our democracy,” he said.

Jessica Simpson, the lead plaintiff in the lawsuit, is a newlywed who previously spoke to the Star about her frustration finding out her information may have been scraped.