Consent is to be determined on an objective standard, and “trust but verify” those who get access to personal information

On September 9, 2024, a unanimous three judge panel of the Federal Court of Appeal fully reversed the factual conclusions of the court below to conclude that Facebook had violated the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in connection with the Cambridge Analytica scandal. Rather than sending it back to the Federal Court to be determined by another judge, they reached their own conclusions and invited submissions on remedy.

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