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Case Study

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CASE STUDY

Case Analysis

Parties

This case involves Facebook which is the leading social media network that generates

most of its revenue from advertising. The other party involved is Deborah Louise Douez who

complains about a privacy-related issue. This case can be linked to the HIPAA privacy rules

which dictate the privacy issues that come with the use and disclosure of secure information. The

subject of privacy of information is subject to many issues that influence a number of political,

social and economic issues. The case mentioned in this case falls under the docket of CA41917,

CA41918.

Facts

The offender in this case is Facebook and the accuser Debora. The fact of the case stands

at the point that the privacy of confidential information was not guaranteed. Users were not

introduced to the relation between the ‘like’ button and the impact it has on their “newsfeed”.

The facts of the case revolve around the fact that the like button made it easy for people to share

media content with their corresponding peers.

History of Action

History of the action is defined by the Privacy Act which defines the relationship between

Facebook and the aspect of its users to share media content with the corresponding peers.

Decision

Facebook brought a preliminary motion that aimed at staying in action based on the

forum selection clause. In this case, the judge declined the offer. In turn, the judge enforced the

clause and certified the class action. The suggestions made include the decisions made by

secondary fact. The judges claim that this forum selection clause should not be reinforced.

CASE STUDY

Issues

The issue of the case revolves around the fact that the consumers must accept the terms

stipulated by the term of use. In this assertion, the forum of selection clause is included. Also, in

this assertion; no bargains, choice and adjustments are made.

Reasons

While imposing her appeal, Ms Douez was substantial in the way he reasoned while

imposing the plea. The assessment of the court case, reveals the fact that Ms Douez had

presented a solid reason for the Court. In his assertion, he rebuked the forum assertions that were

made by the court. The judge made his elucidation of s4 which influenced the decisions made on

this deduction.

Ratio

Due to the above-mentioned facts and reasons, the judge decided that the respondent was

legally wrong. This is because the decisions and actions made were against the elucidations

made by the Privacy Act. Currently, there are debates that revolve around the issue of imposing

the forum assortment clause. Consequently, the decisions made are in agreement with the plea

made in CA41917. Legally, Ms Douez has the liberty to bring the action into California because

the respondent has agreed with the sustenance of the original action.

Through this case, it is clear that Facebook has demonstrated that the forum selection

clause has to be reinforced. Besides, the case has revealed the fact that D has not succeeded in

establishing a strong clause. Through this case, the readers have been introduced to the subject of

confidentiality and privacy of information. As at now, the subject of use and disclose of secured

CASE STUDY

information is subject to legal considerations which are at ties violated by people and

organizations.

References

Douez v. Facebook, Inc., 2017 SCC 33, [2017] 1 S.C.R. 751

Yates, R. A. (2016). Legal Fundamentals for Canadian Business. Pearson Toronto.

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