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Office of the CommissariatPrivacy Commissioner a la pro tect io n deof Canada la vie prive e du Canada112 Kent StreetOttawa, OntarioK1A1H3Tel.:{613) 995-8210Fax: (613)947-685 01-800-282-1376www.privcom.gc.ca

112, rue KentOttawa (Ontario)K1A1H3Tel.:(613) 995-8210Telec: (613) 947-68501-800-282-1376www.privcom.gc.ca

J U L 1 5 2009File: 6100-02805

6100-03049

Mr. David Fewer et al.Legal CounselCanadian Internet Policy and Public Interest Clinic (CIPPIC)Faculty of L aw, U niversity ofOttawa57 Louis-PasteurOttawa ON K1 N6N 5Dear Mr. Fewer eta l . :

Please find attached the report of findings prepared by this Office with regard tothe complaint you filed against Facebook Inc. under the Personal Information Protectionand Electronic Documen ts Act, received by our Office on May 30, 2008.Following our investigation into your complaint, I have concluded as follows:

1. The allegations relating toNew Uses ofPersonal Information, Collection ofPersonalInformation from Sources Other than Facebook, Facebook Mobile and Safeguards,and Deception and Misrepresentation are not well-founded.2. The allegations relating toCollection ofDate of Birth, Default P rivacy Settings,Advertising, and Monitoring for Anomalous Activity are well-founded and resolvedon the basis ofcorrective measures proposed by Facebook in response tomyrecommendations.

3. The allegations relating toThird-Party Applications, Account Deactivation andDeletion, Accounts ofDeceased U sers, and Personal Information ofNon-U sers arewell-founded, but remain unresolved. I have asked that Facebook reconsider myrecommendations in this regard.For details o n the investigation and the rationale formy conclusions, please seethe attached report of findings. As discussed, I rely on your commitment to keep thereport inconfidence until the Privacy Commissioner has exercised her discretion tomake it public, asshe intends todo on July 16, 2009.Regarding the allegations deemed well-founded and resolved, our Office willfollow up after 30 days (i.e., August 16) toverify that Facebook's proposed correctivemeasures have been implemented. At the same time, we will check for evidence ofacceptance and implementation of hitherto unaddressed recommendations or

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2acceptable alternatives to them . Should no such evidence be foun d, we will thenconsider how best to pursue any unresolved issues in accordance with our authorities.

Now that you have my report, I must inform you that, pursuant to section 14 ofthe Act, you have the legal right to apply to the Federal C ourt of Canada if you wish topursue this matter any further.Should you wish to proceed to Court, we suggest you contact the Court officenearest you. Norm ally, an application must be made within 45 days of the date of this

letter. For additional information on Federal Court applications, please check the FactSheet, Application for Court Hearings under PIPEDA, found on this Office's web site athttp://www.privcom.qc.ca/fs-fi/02 05 d 31 e.asp.This concludes this Office's investigation of your complaint. If you have anyquestions or com ments about the disposition of the complaint, I would invite you tocontact Carol Thomson, Manager Investigations, at 1-613-996-5819.

Sincerely,

Elizabeth DenhamAssistant Privacy CommissionerAttachment

http://www.privcom.qc.ca/fs-fi/02http://www.privcom.qc.ca/fs-fi/02