Wednesday

6th Dec 2023

EU court to probe new Facebook data challenge

  • The EU's top court is set to revisit data transfers by Facebook to the United States (Photo: Eduardo Woo)

The High Court in Ireland wants the European Court of Justice to decide on a case that could have huge implications on Facebook data transfers from Europe to the United States.

On Tuesday (3 October), the court issued a 152-page judgment on Facebook's EU-US data transfers following revelations of US-led mass surveillance in 2013.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

Max Schrems, an Austrian privacy campaigner who had initially challenged Facebook in light of the US surveillance, said in a statement that the internet giant "seems to have lost in every argument they were making."

The five-week hearing had scoured through some 45,000 pages of documents in a move that appears to suggest that the United States may be violating the fundamental rights of Europeans.

Mass indiscriminate processing of data

The Irish court in its judgment said that "it is clear that there is mass indiscriminate processing of data by the United States government agencies, whether this is described as mass or targeted surveillance."

It noted that the "case raises issues of very major, indeed fundamental, concern to millions of people within the European Union and beyond".

EU law requires that the personal data of Europeans is "adequately protected" whenever it is transferred outside the European Union.

But the US spy hub, the National Security Agency (NSA), has been sweeping up and processing the same data regardless of EU laws, according to disclosures by US intelligence contractor Edward Snowden. The revelations sparked outrage throughout Europe.

Facebook's international seat is in Dublin. The Irish-based headquarter deals with over 85 percent of global Facebook users, which is then sent to its parent company in the United States for processing.

Facebook and similar US tech giants have been forced into a legal dilemma - to either comply with NSA demands or follow EU laws. The data transfers are worth billions to the companies.

Safe Harbour vs Privacy Shield

The European Court of Justice in 2015 had already knocked down a EU-US data sharing pact known as Safe Harbour, due in part, to mass surveillance.

The scheme has since been replaced by Privacy Shield, which itself has come under intense scrutiny given the lack of US efforts to fully implement the self-certifying agreement.

Tuesday's judgment refers to so-called standard contractual clauses that also allow the data transfers to take place.

Facebook Ireland started using the clauses with its parent US-based Facebook Inc after Safe Harbour became invalid.

The clauses have a built-in emergency feature that allows local European data protection authorities to stop the data flows, should the personal data of Europeans be violated while in the United States and elsewhere.

Schrems had argued that the Irish Data protection authority at the time was duty bound to trigger the emergency clause, given the NSA revelations.

But Tuesday's judgment now questions the validity of the standard contractual clauses in general, which had been approved by the European Commission.

Ireland's data protection commissioner, Helen Dixon, had probed Schrems complaint in 2016 and found his arguments against his data being transferred to the US compelling.

But she then questioned the validity of standard contractual clauses themselves, going beyond Schrem's initial complaint.

Schrems said such clauses are valid as they allow data protection authorities to suspend individual problematic data flows.

"It is still unclear to me why the DPC [data protection commissioner] is taking the extreme position that the SCCs [standard contractual clauses,] should be invalidated Facebook across the board, when a targeted solution is available," he said.

The Luxembourg-based court is set to receive the exact questions from the Irish High Court to be probed at a later date.

US tests EU patience over Privacy Shield

The data sharing pact with the US is yet to be fully implemented, as the Americans have failed to appoint people in key positions to ensure EU citizens' personal data is protected.

Austrian privacy case against Facebook hits legal snag

Austrian privacy campaigner Max Schrems may sue Facebook Ireland in an Austrian court but won't be able to pursue a class action suit in Austria, according to a non-binding opinion by a top EU court advisor.

EU defends US data pact, as Facebook court case opens

An Austrian privacy campaigner vs Facebook over the future of data transfers to the US case opened at the European Court of Justice in Luxembourg on Tuesday. The European Commission, meanwhile, says the Privacy Shield pact is working fine.

Brussels Bytes

ECJ should rule against Austrian online censorship lawsuit

EU judges have an opportunity to make clear that no member state can decide what the rest of the world reads online, now that Austria's Supreme Court has referred the Glawischnig case to the European Court of Justice.

Analysis

How Wilders' Dutch extremism goes way beyond Islamophobia

Without losing sight of his pervasive Islamophobia, it is essential to note Geert Wilders' far-right extremism extends to other issues that could drastically alter the nature of Dutch politics — and end its often constructive role in advancing EU policies.

Latest News

  1. EU nears deal to fingerprint six year-old asylum seekers
  2. Orbán's Ukraine-veto threat escalates ahead of EU summit
  3. Can Green Deal survive the 2024 European election?
  4. Protecting workers' rights throughout the AI revolution
  5. Russia, the West, and the geopolitical 'touch-move rule'
  6. Afghanistan is a 'forever emergency,' says UN head
  7. EU public procurement reform 'ineffective', find auditors
  8. COP28 warned over-relying on carbon capture costs €27 trillion

Stakeholders' Highlights

  1. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  2. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  3. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  4. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  5. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  6. UNOPSFostering health system resilience in fragile and conflict-affected countries

Stakeholders' Highlights

  1. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  2. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  6. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations

Join EUobserver

Support quality EU news

Join us