Thursday 19 September 2019

Judge asks Europe to decide on ban on Facebook sending user data to US

Facebook. Photo: Stock
Facebook. Photo: Stock

Conor Humphries

Europe's highest court should decide whether to ban how internet giants like Facebook send users' data to the US, a judge in Ireland said.

The case could have huge ramifications on EU trade with the US and centres on whether Europeans enjoy enough protection from American mass surveillance.

Thousands of companies rely on current arrangements to transfer information like credit card payments between countries.

They are essential to firms of all sizes, and upholding them is critical to ensuring the economy can continue to grow without disruption, Facebook said.

Privacy campaigners like Edward Snowden and Max Schrems have highlighted major issues surrounding how information stored by internet companies is used across the Atlantic.

The High Court yesterday said concerns raised by Ireland's data protection authorities were "well founded".

Ms Justice Caroline Costello said: "Union law guarantees a high level of protection to EU citizens as regards the processing of their personal data within the EU. They are entitled to an equivalent high level of protection when their personal data are transferred outside the European Economic Area."

Read More: Is my social media affected by the fallout?

She said she was referring the matter to the European Court of Justice (CJEU), which interprets EU law, for a preliminary ruling.

A previous agreement on data-sharing between Europe and the US, Safe Harbour, was largely overturned by the European Court of Justice.

The US has sought to assuage concerns about its successor, Privacy Shield, by proposing an ombudsman to oversee the deal.

Ms Justice Costello added: "The introduction of the Privacy Shield ombudsperson mechanism in the Privacy Shield decision does not eliminate those well-founded concerns.

Under US law, companies with Europeans' data can be compelled to hand over information to state agencies for national security purposes.


The judge said EU citizens are entitled to an effective remedy before an independent tribunal if their rights or freedoms are violated.

The case was heard in Ireland because Facebook has its European headquarters in Dublin.

Austrian lawyer and campaigner Mr Schrems has claimed his privacy rights as an EU citizen have been breached through the transfer of his data by Facebook Ireland to US parent company Facebook Inc.

He said in the long run politicians would have to sort it out.

Irish Independent

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