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Wednesday, April 1, 2015

Facebook User Sues Irish Data Regulator over Privacy


Maximilian Schrems is taking his privacy campaign to the highest court in the EU in attempt to prevent American intelligence agencies from obtaining access to his personal information. The industry experts point out that his case may eventually shape international regulations over access to online data.

Maximilian Schrems is an Austrian law student, who launched his case even before Edward Snowden’s revelations about the US NSA routinely intercepting information from all kinds of online and phone communications. He initially sued Facebook over access to his personal records. Schrems eventually recovered 1,222 pages of material from Facebook, whose European headquarters are based in Ireland.

This was 4 years ago, and then Snowden’s leaks spurred Schrems on to pursue the Irish data regulator, arguing that his privacy should have been protected from security surveillance. However, the regulator declined to intervene.

The student, whose legal case has been crowdfunded, continues to insist that enterprises of the European Union should not be able to transfer information to the United States under “safe harbor” protections. Schrems currently demands that a safe harbor designation under European law should be cancelled and that the Irish regulator should audit the exchange of information instead of letting it be unexamined.

Maximilian Schrems previously lost his claim against the Irish data watchdog in the Irish high court, as the judge decided that Snowden expose had been far from surprising. However, the judge asked the European court of justice to examine whether Irish regulator is bound by safe harbor. He also agreed that Facebook users should have their privacy respected under the Irish law, saying that it needs to be demonstrated that such interception and surveillance of individuals or groups were objectively justified in order to suppress crime or ensure national security.

So, now the case of the Austrian student will be heard in Luxembourg soon. It is known that its hearings are not televised and judgment will be reserved. Maximilian Schrems claimed that the promise of a higher level of information protection is being betrayed by the European Union to serve business interests. Schrems has also formed an advocacy group named Europe v Facebook.

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