Facebook’s Very Own Class Action

While there are many types of social media one can use to connect with family, friends, or colleagues, how much thought do you give to your privacy when you use these services?

On May 30, 2014 the BC Supreme Court certified Douez v. Facebook Inc. [2014] B.C.J. No. 1051,  a class proceeding concerning advertising and Facebook. The class is made up of Facebook users whose name or image appeared in Sponsored Stories, a paid content feature.

The plaintiff argued that s.3(2) of British Columbia’s Privacy Act should protect the use of a persons’ name or portrait from being used in advertising without their consent. Facebook did not clearly advise users about Sponsored Stories or give them the option to opt out.

Facebook argued that users featured in Sponsored Stories consented by agreeing to Facebook’s Terms of Use and through the user’s actions in configuring their privacy settings, and clicking on “like” icons. The issue of consent will be of key importance in Douez if it proceeds to trial.

The Court noted that given the broad scope of internet images and the harm caused by privacy breaches, the public has an interest in maintaining some means of policing privacy violations by social media service providers.

​When using social media, carefully review any user agreements including all updates or changes to these policies to be aware of how their information is being used.