Updated: Mon Aug. 17 2009 9:50:40 PM

CTV.ca News Staff

The federal privacy commission says it's having constructive talks with Facebook over concerns the social networking website is violating Canadian privacy law.

Representatives for Facebook were expected to submit a proposal and timeline to Privacy Commissioner Jennifer Stoddart on Monday, and the company said it would meet that deadline.

Anne-Marie Hayden, a spokesperson for the privacy commission, said Facebook was making an effort to address its concerns.

"I think that discussions are going well and we remain hopeful," she told The Canadian Press.

On July 16, Stoddart found that Facebook contravenes Canada's five-year-old Personal Information Protection and Electronic Documents Act because the site keeps users' personal information indefinitely, regardless of whether they close their accounts.

She also criticized Facebook sharing users' files with nearly one million third-party software developers around the world, who create applications for the site, such as "Finish the Lyrics" music quizzes and virtual pillow fight games.

Stoddart made several recommendations designed to protect the privacy of those using the website in Canada.

They include:

• Clarifying Facebook's privacy policies
• Making it easier for users to remove their profiles
• Curbing the amount of personal information the site collects from its members

She gave the website 30 days to implement the recommendations. If Stoddart isn't satisfied with the response by Monday, she has two weeks to get a court order demanding that Facebook comply.

Facebook said it would introduce a number of new features in the near future to address privacy concerns. It has also notified users of proposed changes to its privacy policies in a statement last week, asking for feedback by Tuesday morning.

"You will have a privacy policy or otherwise make it clear to users what user data you are going to use and how you will use, display, or share that data," the proposed policy reads, referring to third-party software developers.

"When you add an application and use Platform, your content and information is shared with the Application," it advises users. "We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share."

Almost 12 million Canadians are users of the website. It came under investigation after a public interest group at the University of Ottawa, called The Canadian Internet Policy and Public Interest Clinic, made a complaint last year.

With files from The Canadian Press

Comments are now closed for this story

CYL
Thank you to the person(s) who found this glitch to Facebook and a big thank you for following up with this privacy issue. I am a user and am grateful that this issue has been made public and concerned as a user. This is a great site and hope that the issues will be resolved to the user's benefit.

Robert
It always bothered me that I could never really "Quit" Facebook, and was surprised when I joined again, and got a message that said, " Welcome back , Robert"

Roger T
Facebook should be fined for breaching users information. Personally, I think Facebook has had its days, outdated and too time consuming. I can understand if you're 13yrs to 17yrs and wanna keep in touch with your friends and make party plans but really it's stupid and useless.

There are far too many site and services out there which seriously no one can really check each and everyone you registered for. Hotmail & Yahoo is more than enough.

And as for Twitter, it will soon be Twitless after the fad is gone.

Bill in BC
If they haven't complied with the law, charge them.
Simple and fair.

Mark Smith (Montreal QC)
I think Jennifer Stoddart missed the point. Facebook is a site to share information, not keep it private. People on Facebook also have extensive controls to keep information away from people they don't trust. And no one is forcing users of Facebook to install any third party application.

I use Facebook. I also know my boss won't ever see what's on it. I know that the content is never indexed by Bing or Google or Yahoo so it can't be searched for, and I have installed only one third party application.

I have relinquished as much privacy as I'm comfortable with. If someone else decides to relinquish more, that's their responsibility, not Facebook's.

Doug_M
Facebook has over 300 million users of which it would seem Canadians only make up about 4%. If you were Facebook what would you do, change your system for 4%, or ignore the buzzing nat?

liz ottawa
I just cant get into Facebook, I prefer real life. I cant believe how many people spend tons of time on there, like they have no life or something. isnt it just better to talk to someone live? I find forums like this are making society even more anti social. I could see it causing problems in marriages.

V. Joe
I appreciate this move, and feel fortunate to live in a country where a government agency looks out for our privacy like this.

DEAN
No one who uses a computer should ever expect anything on it to be private. Even if you were told it was, there are enough hackers out there that it's most likely nothing will ever be private. Besides, Facebook is boring. There is no substitute for actual human interaction. Use the phone or go visit once in awhile.

dwqyne-ottawa
GOOD shut them down they this site is just a waste of time its a good place to go when you want to find or start a rumor.

Mattman in Ottawa
Time's up Facebook!

Now the government of Canada will be writing you a sternly worded letter.

Which you'll hear all about if you follow the government on Twitter!

Brandon from Ontario
It is quite concerning that even after someone decides to disactivate their Facebook profile, Facebook still keeps your personnal information. I also don't agree with the fact that people are unable to completely delete their profiles but can only 'disactivate' them. Hopefully Facebook will do the right thing and comply with these recommendations set out by the Privacy Commissioner and avoid a possible and lenghtly court battle.

island girl
I think you missed the point, Mark Smith. You don't know if your boss will ever see it. He may not NOW, but internet companies are famous for changing the rules mid-stream. In other words, what's private now, may be accessable later. "We're new and improved!". Anyone who uses Hotmail knows all the imposed changes they've done over the years.
The other point is, no one is forced to use Facebook, but we may in the future need to deal with online companies who have head offices outside this country in order to circumvent our privacy laws.I've tried to contact companies by phone, only to be told I have to make account changes, inquiries, etc online...

John C from Mississauga
Good luck with that Ms. Stoddart. Do you think that Canadian law applies to every international company around the world? In the grand scheme of things, Canadian law is irrelevant to an entity as large as Facebook.

My opinion of Stoddart is that she is a zealot who is trying to impose her dogma on everyone, whether or not the individuals involved (i.e. Canadians who actually use Facebook) really want her "assistance".

Darlene in B.C.
You know what I find annoying? I keep buying a larger screen monitor so I can see my e-mail and such better and they keep putting all these dang ads on it so everything you want to do is smaller and smaller......do something about that!

Mitch
You're all bashing away on Facebook, though you all (probably) use it. If you don't like what a store sells, don't shop there. Same theory applies to any Social networking site. Just because someone can find a flaw, and have the government impose a new law (ha! I'm a poet) doesn't mean they have to do a thing. The creators are smart and presumably decent people so they will do what they can to comply.

I use facebook, but i'd say if the government decided to try to bring them to court, I'd impose a Canadian IP block which would come up with a screen prompting users to "Contact their local MP if they would like access to the site"

Quit Band-Wagon whining.

Jude
I don't understand what the big deal is, really. If you don't want something on facebook, such as pictures of yourself, etc, to get into other people's hands, then don't put them up!! Easy peasy!!!

tyler
There is no "Glitch"... this is what the site was created for. The ignorance of many overshadows the insight of a few.

david sawkiw[saskatchewan farmer]
Boy am I ever stupid.. I thought this internet[facebook] thingy was a global thing. And now I find out that little old Canada can dictate to them!!!

Why the heck can't Canada stop all the other bad things on the internet, like porn, communism etc???????

Michele, Ottawa
First off I agree and I disagree with some comments and with the Privacy Commissioner.

1. Does anyone actually read the Privacy guidelines when signing up for things or do they just go ahead and complain? While I understand where the Privacy Commission is coming from, the internet is GLOBAL, not Canadian, in other words fellow Canadians, READ first, then decide if you want to sign up for a particular thing. The onus is on you. Facebook's privacy section is written in easy to read language for EVERYONE to read, think about, and understand.

Here is what one section says:

Changing or Removing Information

Access and control over most personal information on Facebook is readily available through the profile editing tools. Facebook users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their Facebook account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of Facebook.

Where you make use of the communication features of the service to share information with other individuals on Facebook, however, (e.g., sending a personal message to another Facebook user) you generally cannot remove such communications.

It does not say anywhere that they will DELETE your personal information. It states they will DEACTIVATE it. There is a difference.

Now, keep in mind. People are of the assumption that once you hit "delete" it is gone forever. NOTHING is ever deleted forever. It is, has, and always will be on a server somewhere.

And to the comment from...I use Facebook. "I also know my boss won't ever see what's on it"...you are mistaken, unless you are your own boss.

Tracy
Thank you a 12million times over for the smart and caring person whom has intialized this privacy act with Facebook....I'm one whom doesn't post my home addy or phone numbers on the site and from what I've heard and seen good thing I haven't or telemarketers would be ringing my phone off the line to....KUDOS a bunch for your willingness to protect your fellow Canadians!!!!!!

jimmy
I have a friend who called in sick for work one day. and his boss decided to go on facebook and a status update came up for the so-called "sick employee" and his status was "too hungover to work" he recieved a phone call that day saying he doesn't have to return to work because he was fired!!

cambob
I always find it funny when people complain that facebook has all thier private information. Yes, obviously we all expect a degree of privacy, but honestly, only you can put the information out there. And once it's out there, it's not private anymore.

Dan Dan
I am amazed at how many Facebook users think that there is ANY privacy on Facebook. Yes, your boss CAN see your info. Yes, people CAN spy on you very easily. And yes, Facebook WILL share your information.

David Morrison
I dont think facebook should be fined, I have found alot of old childhood friends that I would never have found if it wasn't for facebook, this is the greatest site since google, I think facebook should be awarded for the positive , not for the negative, it was not done on purpose im sure, its designers are only human, we make mistakes.

Advokat
Jennifer Stoddart is living, breathing proof of the old maxim, "If you give a woman a hammer, all she sees are nails".

John Gino Baba
Facebook is finished. I'm making a new site called "NEEDAFRIEND" If you can't handle talking with real people please call me 1-800-555-5555.

Facebook...is nothing more than a place for people to go and cheat on their significant others....! Rekindle that grade 5 flame....etc.

Zaphod
First of all... stop whining. Learn to set up your privacy settings...

Second of all, what if someone hacks your account, or your kids delete it by accident... some people actually use these type of sites to share and store hundreds of pictures... At least you can get them back if something happened...

Denis
If any one put sensitive info on a website like Facebook should know better !

reidjr
dwqyne-ottawa
Canadians only make up 4% of the users that is not grounds to shut them down.As for its only a good place to fine and make rumors i hate to break it to you but face book is one of the better sites.There are many many others sites etc that there are no rules people make up what ever they want.

reidjr
liz ottawa
The fact is many people network on sites like facebook it is real life.

johntario
Not a word of sarcasm. Thank you to the Government of Canada for in many ways protecting the rights of it's citizens and upholding the very specific laws, rights, and freedoms that define our nation and that make our country what it is today. I partinculary enjoy examples like this one where a compnay thought it could act in any manner it pleased and (likely) knowingly violated ethics and privacy laws. Cheers!

GMan
If you think Facebook is so terrible, don't use it.

If you think your information is not kept private, don't put it on Facebook.

Don't use something and then whine about it.

Jim
Crapbook should be prosecuted to the full xtent of the law

May
My BIGGEST concern is why perfect strangers (who just happen to be a friend of MY FRIEND) are able to view my photos, uploads or other things if they don't know me and I did not give consent? There is no privacy setting where I can set that ONLY my friends (and not their friends) can view anything tagged, commented on, etc and not THEIR friends as well?

Comment on a friend's photo, link or whatever, and your friends (who do not know this friend of yours) can now see it. This is a MAJOR breach of privacy in my view! Get rid of this!

David in Sudbury
The first lesson in Intro to computers goes as follows :

"Who here is afraid of having their personal information end up online? Well, don't be afraid anymore, because it's already out there, regardless of what you do."

In today's digital world, there is no such thing as privacy. Everything and anything can be found out there, and once it is online, it is there for life, regardless of what Facebook does with it. That applies to email, text messages, pictures, purchases (online and in person), even that phone conversation you had that was "recorded for evaluation and monitoring purposes".

You can stay off Facebook all you want, but someone else had a camera at that party, and someone else will post a picture of you with that lampshade on your head. You have absolutely no control any more.

Live your life assuming anything you do can be seen by someone else if they choose to look. Otherwise, bury your head in the sand. And if you do, I'll look online for the picture of it that is sure to turn up somehow!!!

This legal action against Facebook is a matter of principle (although an important one) but has no real effect on anything.

Darren
Privacy issues with Facebook is something I can live with. I read their privacy policy and I accepted before I sign up. Everyone here worrying about Facebook should be more concerned about casinos and nightclubs that swipe your drivers license and are free to maintain that data without informing you in writing as to; a) the purpose, b) the duration, and c) whom they will share that info with. All 3 of those items are required under the federal privacy legislation (PIPEDA). BC recently banned the practice of swiping drivers licenses. When will the rest of the country fall suite?

Adam Guerbuez
It will be interesting to see if this goes somewhere, or nowhere just like the 873 million dollar judgment facebook was awarded against me in 2008.

Jayme
Jim
The probleam is that could be a very very slippery slope.If they do that to face book then they would have to do that to every single site.In the end meaning we would have a very very limited ibternet and would set us back many years.

Ben
Oh wow. The Canadian privacy commissioner is going to sue facebook. I'm sure they're shaking in their boots now.

Not a Face Book Fan
I always knew Face Book was trouble. Remove it completely!

joey
Facebook does not have to comply with Canadian laws, since it is not based out of canada, and canadian laws do not apply to the internet.

Since they are basede out of US they should only have to comply with US laws.

Kamran Sikandar
Canadians may only form 4% of the Face book users, but the implications of the lawsuit are enormous for the company. What would happen if other individuals/countries were to follow the Canadian example?

Kamran

Jason from Calgary
I signed up for Facebook knowing full well the security and privacy concerns.

That is why there is a terms of service. You can accept them, or decline them.

The people who sign up for facebook and other social networking sites know full well the risks they are taking. It's time to get over it. The internet is not something that can be regulated. Stop wasting tax payer time and money trying.

reidjr
Kamran Sikandar
Keep in mind not every country has the same laws.

jay
Not a Face Book Fa
So what your saying is you want the internet banned in canada.

NMI
This should be a wake up call for facebook users. Facebook is a great entity to find old friends and to keep in touch with friends and family. However, the developer allowing all the add on features is quite unsavory in the first place - let alone being in the users best interests! I'd guess this is the way he's "cashing in" on his interests... He's quite likely not releasing this info without some kind of remuneration. THINK ABOUT IT FOLKS! The way these are set up gets "friends" to request other friends to participate in applications and in doing so agree to let these applications have access to their profiles and info! How do we know what their intent with this info is ???

John Wilson
Ha how cares. And to the friend of the person that got fired for saying " To hungover to work" Should of got fired because he,s a Morron....

Sheri
I guess I was luckily out on the day the men came by, put a gun to our heads and forced us to sign up on Facebook - it's FREE and VOLUNTARY - they owe their users NOTHING!!!

you want to put yourself out there - deal with it!

Roger T
**Facebook will become FACELESS**
**Twitter will become TWITLESS**

And a new FAD will emerge and than become "LESS" after that!

Westerner
Facebook is just a stepping stone of several sites that keep your information. The social dating sites I'm sure also keep information indefinately - why wouldn't they people are always breaking up and starting over. This is why Facebook keeps you "socialized" besides family, friends, co-workers, etc. - also not to mention Legal Authorities getting permission to Hack "your" social net work should you not be up to par with legal issues. There is always more meaning than is stipulated on a Social Web Site.

Aaron in Toronto
I think the whole thing is stupid. Where is the accountibility to individual? If it is so secret then don't put it on facebook. It is a free service and it was created to give you another media to keep your social circle in touch of each one.

If you don't like the way they do things then don't join. I think it is getting out of hand and people are shifting their responsibility to others instead of themselves.

meerkat
don't sign up... privacy problems solved!

Tono
Ah, don't waste your time on American sites like Facebook or Twitter. Use Nexopia; it's a good Canadian social networking site.

daryn
Mark Smith doesn't matter, we have laws in Canada. Do you think that because you want to start a brothel, and all the people involved are consenting adults, that it should be allowed? well the law is the law and it's against the law, get over yourself.

Doug_M If American's can go into Panema and arrest their leader in the middle of the night. I am sure a court case can be won for 12 million Canadians.

John C From Mississauga, I am sure that if the EU can fine Microsoft, that our courts can do the same to Facebook.

Mitch, Where did you get this Idea? 12 Million people still have a lot of buying power and the Facebook Ads still pay Facebooks Wages, so I doubt they will block Canadian IP's

Jimmy, That is totally illegal in Canada. The employer is not allowed to Ask what kind of sickness they have unless it's in a written contract. I would have went to the labour board and forced them to get my job back.

ADVOKAT OMG!!! I can't believe you just wrote that!!! This is not the 1950's, comments like that have ruined men in high positions. I think that iether you are very single, or you have your poor wife so intimitated by you bullying... you need reality check.

David in Sudbury, Personally i think we need laws that any recording video pictures or sound must be given explicit concent of the person being video'd or having their picture taked or voice recording. This is bull that a photographer has complete Copy Write of their subjects. You take a picture of me, I want the money you are going to make from it.

Joey, Then why can an american court force law enforcement in Canada to Kidnap our Citizens for so called prosecution in america

Zand
There are steps one can take to limit how much access anyone has to a facebook profile.

I for one do not post pictures of myself up on the site, and I don't even use my real name. My phone numbers aren't in there, and the email address that is listed is a free email provider, again under a different name.

To say that facebook is useless or isn't real life or whatever other detrimental description people have for it is a little bogus.

Thanks to something like facebook, I have found long lost friends (no, I am not looking for my "Grade 5 crush" to rekindle a romance and ruin my marriage thank you very much) that I thought I may never see or hear from again. Living in different parts of the country didn't help in the process of finding them either.

There are merits to social networking sites like facebook. One needs to educate themselves and be smart about what it is they are willing to divulge.

TL
To May- there actually is a way to restrict who can view your pictures. When you post pictures there is a place you can specify that only your friends can view your pictures.

reidjr
Tono
Are you sure its fine.

JayZ-EL
Come on .. really?

why do people have to complain about EVERYTHING all the time.

Maybe we should remove the internet because it violates our overall human privacy ....will that make people happy? if you sign up to it .. your the one taking the risk, not the company. People need to wake up to the real world and leave good things alone.

Louis Johnson, Alberta
I am sure that Facebook is taking the concerns of the Canada Privacy Commissioner seriously.

Like any internet company, Facebook must continually improve its product, or people will move to a competitor. Since the Commissioner's suggestions make good sense, Facebook will incorporate them if feasible.

Rick
Don't like it? Don't use it.

jayme
daryn
Do you really think people who commit crimes in the states should just be able to come back to canada and face no legal action.

Brittany
Wow "John Gino Baba",

You must have been burned or something because Facebook is a whole lot more than a place to "cheat on significant others" I use it primarily for picture sharing with my relatives, friends and sisters who live overseas, so they can see my daughter growing up as they don't get to be in her daily life. I have reconnected with old friends and been able to get my new business out there without the cost of advertising. There is a whole lot of good with Facebook too, apparently you can only see the negative side. Honestly, if you don't like it, stay off it and stop whining.

JM
Facebook is amazing and I am 47 years old - I use it for social networking and occasionally business networking. People love to be negative, don't they.
If you don't want to share the information, don't put it on there. It is great for anything that you want to share - it's a tool - like any other, it is up to you to decide how to use it. Like any tool, it may be good for some and not so good for others. Stop trying to put black or white labels on things, people are open your minds up just a bit...

K in NFLD
This msg is for May:

Browse through your privacy settings page, you will actually find that you can restrict who can view your profile/photos etc. You can even restrict your page so much that if people search your name on Facebook, they will not be able to find you.

I personally enjoy using Facebook, the ability to share pictures with family and friends halfway across the country without having to send individual emails, and as some already stated, you can limit what info you put on your profile, if you don't want someone to see it, don't post it!

Mel from Windsor, NS
I am glad to see the government of canada holding Facebook accountable when it comes to our countries privacy laws. I hope facebook comes through. I am not using facebook anymore because a hacker got into my account and sent a virus to most of my contacts, including my computer. It wanrned me that I had violated their privacy laws but come to find out it was a scam. if facebook were to change I think might renew my account. Just be careful what you put into your account profile. Anybody can be watching you.

R
Facebook is fine but people need to be responsible with it as much as they can, theyre shouldnt be any changes except more serious privacy and those who hack into it or even try should be laid charges