Canada takes lead role in Facebook privacy issues

Discussions between Facebook Inc. and the Office of the Privacy Commissioner of Canada (OPC) over the social networking site's compliance with Canadian federal privacy law are moving along smoothly, according to spokespersons from both sides.

The OPC released the findings of an extensive investigation into Facebook's privacy policy and practices last month, which began as a response to a complaint filed by the Ottawa-based Canadian Internet Policy and Public Internet Clinic (CIPPIC) in May 2008.

Privacy Commissioner Jennifer Stoddart found Facebook in violation of the Personal Information Protection and Electronic Documents Act (PIPEDA). Canada is now recognized as the first country in the world to issue legally binding recommendations to the social networking site.

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Discussions between Facebook Inc. and the Office of the Privacy Commissioner of Canada (OPC) over the social networking site's compliance with Canadian federal privacy law are moving along smoothly, according to spokespersons from both sides.

The OPC released the findings of an extensive investigation into Facebook's privacy policy and practices last month, which began as a response to a complaint filed by the Ottawa-based Canadian Internet Policy and Public Internet Clinic (CIPPIC) in May 2008.

Privacy Commissioner Jennifer Stoddart found Facebook in violation of the Personal Information Protection and Electronic Documents Act (PIPEDA). Canada is now recognized as the first country in the world to issue legally binding recommendations to the social networking site.

Facebook's 30-day period to review the OPC's recommendations and submit a formal response outlining its plans for action ended on Aug. 17. Stoddart has 15 days to review the response and determine whether to refer the matter to Canada's federal court.

"We received from [Facebook] their undertakings and we are in the midst of reviewing those undertakings to determine whether or not they are sufficient," said Anne-Marie Hayden, spokesperson for the OPC.

Hayden indicated the discussions are going well. "We continue to have positive discussions with Facebook," she said.

The OPC will make the outcomes of its discussions with Facebook public, but needs time to review and assess the undertakings first, she explained. "We need to do a thorough review and look at it carefully and once we've done so, we will determine the next steps," said Hayden.

Talks began when the original complaint was filed and have carried on for 14 months now, said Facebook spokesperson Alexandra Brown. "They will continue for the next 15 days," she said.

Further details on the discussions have not been provided, but an issued statement from Facebook to the press suggests minimal conflict lies ahead:

"From our many discussions with the OPC, it is clear that we share the same goals of ensuring people have control over their information and that they are able to make informed choices about privacy. Many of the recommendations in their Report provide an excellent opportunity to clarify and enhance our privacy practices in a way that is consistent with our company's values and our users' expectations."

Tamir Israel, a staff lawyer at CIPPIC, doubts the matter will escalate to the federal court level. "Generally speaking, recommendations are fairly authoritative interpretations of the law. It's very rare that these things get challenged," he said.

CIPPIC supports the OPC's decisions. "We are happy with it and we are hoping that Facebook does comply. We are pretty confident that the solutions they come up with will be reasonable and address the concerns of the Privacy Commissioner," said Israel.

David Young, lawyer and co-chair of Lang Michener LLP's privacy group in Toronto, expects both parties are interested in finding a "productive, constructive" result. "They seem to be in active negotiations and everything's pointing to the fact that they probably will resolve them this week or next," he said.