24M Instagram Users May Benefit From $2.4M Order in Data Collection Class Action Lawsuit

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Instagram Data Collection Class Action Lawsuit Overview: 

• Who: US-based marketing platform, Hyp3r Inc, has been ordered to pay more than $24 million in damages to around 2.4 million Instagram users in Canada. 
• Why: Users claim Hyp3r violated Instagram’s privacy policies by improperly obtaining their personal information on the platform. 
• Where: The class action lawsuit applies to Instagram users across Canada, outside of Quebec.

A BC judge has ordered Hyp3r Inc. to pay more than $24 million in damages to resolve claims the U.S.-based marketing platform broke Instagram’s privacy rules. 

The decision followed certification of a Class of about 2.4 million Instagram users in Canada who had their profiles set to public and had their data improperly obtained and handled by Hyp3r, reports the Vancouver Sun. 

Hyp3r—which failed to respond to the class action application notice and chose not to defend itself in court—was accused of improperly collecting, retaining, and exploiting the private information of Instagram users without their consent. 

Instagram Users’ Pictures, Names, Posts Collected, Used by Marketing Co, Claimed Class Action

The company reportedly collected Instagram users’ data—including pictures, names, and post content—to give to advertisers which used it to target users who were found to have a connection to a specific event or location, reports the Vancouver Sun.  

Instagram reportedly permits some third-party developers to collect data on Instagram, however they must abide by a specific set of privacy policies that bar them from improperly collecting or retaining personal information. 

Hyp3r reportedly violated a set of privacy policies which Instagram set in 2018 regarding taking users personal information using specific locations, and was subsequently removed from the platform in August 2019, reports the Vancouver Sun. 

The judge agreed with users’ claims that their privacy had been violated by Hyp3r and that it was “intentional” and “invasive,” determining that each Class Member will be entitled to $10 in damage relief. 

There is uncertainty about Hyp3r’s ability to pay out the $24 million, and, with the company still not commenting, the judge has suspended notifying Class Members for a year, reports the Vancouver Sun. 

A class action lawsuit was filed against Facebook—Instagram’s parent company — last year by users who claimed the company was accessing their Instagram camera without their consent.

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