Facebook, unloved Austrian lawyer and fighter privacy, Max Schrems, has updated its application of data protection from the giant social network in the light of recent EEC strikedown safe harbor agreement on the trans-Atlantic data exchange.
Schrems is now filed a new complaint with the Irish authorities of Facebook with data protection – where his original complaint was filed back in June 2013. The complaint refers to the data to Facebook users in Europe are pulling in the NSA surveillance program of mass times was exported to the United States -. and thus argues Schrems, undermining the fundamental rights of the European data protection
Irish DPA rejected the original complaint in July 2013, on the grounds that the fifteen-year agreement Safe Harbor, which was signed to Facebook, so that seems to take precedence as a comprehensive regulatory mechanism for transferring data. However, this position is blown out of the water in the Safe Harbor EJC solving this fall -. Therefore renewal and redouble their complaints currently Schrems’
“We want to make sure that this is a very important decision is also carried out in practice, when it comes to American companies, which are involved in the mass surveillance of the USA,” said Schrems links to ruling the Safe Harbor statement on his recent complaints data protection “The decision was very clear in this regard.”
Safe Harbor no long option for companies to legalize the data streams to the west across the pond – although the European Commission and the United States are busy trying to work out a deal replace (with maturity in January 2016 to provide in SO- called “Safe Harbor 2.0 ‘) . US intelligence agency access to data, it is not surprising that a large sticking point for any new agreement.
Schrems also filed two complaints to the same question, the one with the Belgian data protection authority and the other with the city of Hamburg in Germany, DPA. They are the “first round” his Facebook Europe against the organization of campaigns privacy calls “coordinated complaints.” So Facebook Follow expected to deal with European data privacy war that waged a larger number of fronts.
Three complaints call for the relevant DPAS suspend all data from Facebook, the European operations of its US HQ – a “reasonable period of implementation of the” proposed will allow the company to move to an alternative mechanism that would be compatible with the ECJ ruling. (Schrems, options Facbook here may include :. “Moving data in Europe, the encryption of data stored in the United States or the revision of the corporate structure”)
It also calls for DPAS conduct an audit of Facebook, as the importer of data, and any sub-processors – a proposal targeting offices around the world are Facebook, data centers and related documents in Facebook Inc, as well as all the data embedded processors Facebook.
“Strategy for filing complaints with the Member States of several individual EU Schrems DPAS be more European Court rulings of Justice, which clearly strengthen the position of national DPAS, when it comes to complaints of data protection – including the so-called ‘right to be forgotten” case against Google last year, the European Court decision this year’s decision in favor of the Hungarian data protection authority against Slovak online property called Weltimmo.
The Belgian DPA also carries out its own privacy-related action against Facebook, filed a civil suit in the summer over the use of Facebook, cookies to track users without Facebook, as happens to convince the judge that actually has jurisdiction over the company (Facebook tried to argue that there was no legal route to be sued in Belgium, because of its European headquarters is located in Ireland).
While Hamburg DPA was very quick off the mark, a post European Court Safe Harbor decision to declare its own investigation into Facebook (and others’) agreements on the transfer of data. The DPA has a history of actively exploring privacy-related complaints. Commissioner Privacy Information Hamburg, Johannes Caspar, said earlier: “. Anyone who wants to remain untouched by the legal and political implications of the decision, should in future consider the storage of personal data on servers within the European Union “
Schrems says his lawyers wrote to Facebook, to ask what alternative methods of data the company uses in the wave Safe Harbor strikedown – receive a copy of the contractual arrangements, he argues that it uses. Such agreements are an exception for cases of illegal “mass observation” in order to Schrems’ -. So he convinced these methods of transmission will not leave the DPAS
“All the relevant EU decision for the exclusion of cases of mass surveillance,” says Gerard Ahern Rudd Rudden Quigley Solicitors, representing Schrems in Ireland. “There is no ‘quick fix’ using alternative methods of transmission for the companies that are involved in the violation of fundamental European rights. “
Schrems also arguing that any new agreement Safe Harbor would be inappropriate, since the Court’s ruling is based on the European Charter of Fundamental Rights – so again the data transfer agreement will not be able to cancel the conclusions of the court in cases of mass surveillance.
If the US government does not have a conversion of Damascus on the road in Europe think of privacy as a fundamental right, and forbids their programs in the media supervision, there will be multiple routes for complaints of confidentiality to be served in Europe against US companies, such as facebook, which operate services in the region -. at least until the companies do not restructure its European operations to reflect the new post-Snowden digital reality data
The recent announcement of Microsoft’s German model trustee cloud – with a third party European company, apparently acting as a firewall between the “Information and intelligence agencies have” European Last Microsoft, programs, cleaning the data – is one example of how the EU-US data streams can be reorganized in the light of strikedown Safe Harbor.
Responding to recent complaints Schrems’ statement, Facebook spokesman provided the following e-mail statement TechCrunch:
We have repeatedly explained that we are not and have never been part of any program to give the US government a direct access to our servers. Facebook uses the same mechanisms that thousands of other companies across the EU to use for data lawfully from the EU to the United States and in other countries around the world. These issues are being studied by the Commission on the Irish Data Protection (DPC) at the request of Mr. Schrems. We fully cooperate with the DPC and are confident that this investigation will lead to a comprehensive settlement of the complaint, Mr. Schrems’.
Although the complaint Schrems’ continues to target Facebook radically original Europe vs Facebook complaints mass surveillance in 2013 and links to other US technology companies, which have been referenced in documents leaked to the NSA whistleblower Snowden is also involved in PRISM NSA data collection program – including Apple, Microsoft and Yahoo