‘This Is A Total Blow To The Irish DPC And Facebook’


From top: Facebook HQ, Dublin; Privacy activist Max Schrems outside the High Court, Dublin in 2015

This morning.

The European Court of Justice has ruled that Privacy Shield, the EU-US data protection agreement, is invalid.

Via RTÉ:

The case was referred to the European court by Ireland’s High Court.

It began as a 2015 complaint to the Irish Data Protection Commissioner, made by Austrian activist Max Schrems (see below).

The outcome could potentially have major implications for the way technology companies handle European citizens’ data.

It specifically relates to the personal data Facebook holds on its European users, which the company sends to its US-based data centres.

However, the ruling could impact any company that sends user data to the US or potentially any other country outside of the EU.

The Privacy Shield framework established between the EU and US was designed to allow data transfers between the two jurisdictions.

EU court rules EU-US data protection agreement invalid (RTE)

Privacy activist and party to the case Max Schrems says:

“I am very happy about the judgment. At first sight it seems the Court has followed us in all aspects.

This is a total blow to the Irish Data protection Commissioner (DPC) and Facebook. It is clear that the US will have to seriously change their surveillance laws, if US companies want to continue to play a role on the EU market.”

The Court clarified for a second time now that there is a clash of EU privacy law and US surveillance law. As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people – including foreigners.

Surveillance reform thereby becomes crucial for the business interests of Silicon Valley.

This judgment is not the cause of a limit to data transfers, but the consequence of US surveillance laws. You can’t blame the Court to say the unavoidable – when shit hits the fan, you can’t blame the fan.”

CJEU invalidates “Privacy Shield” in US Surveillance case (nypob.eu)


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12 thoughts on “‘This Is A Total Blow To The Irish DPC And Facebook’

  1. GiggidyGoo

    “However, the ruling could impact any company that sends user data to the US or potentially any other country outside of the EU.” Any ‘company’. What about Government departments?

    Didn’t we have a lucky escape then with DinnyWater which wanted the facility to sell/share or whatever our IW details to anyone it liked?

    1. Cian

      Yes it would apply to everyone… although I’m not sure what you point is – IW is a company not a government department.
      Your point about selling/sharing our IW detail is patent nonsense.

      1. GiggidyGoo

        “Your point about selling/sharing our IW detail is patent nonsense.”
        “the Seller shall process such personal
        data only in accordance with the
        documented instructions of the
        Purchaser, including with regard to
        transfers of personal data to a third
        country and solely as strictly necessary
        for the performance of its obligations;”

        Or the EU’s confirmation that the entity was going to be ultimately for sale – which Liar Kenny then had to beg them to remove from their opinions.

        1. Tom Wong

          So what if it was sold? You’d prefer an RTE or ESB type scenario with overpaid civil service lifer incompetents?

          1. Tom Wong

            Try answering the question asked

            Isn’t that what you constantly harangue, bully and harass fellow commenters about?

            Answer the question asked or sit down, Sir.

        2. Cian

          Yes, patent nonsense.

          Did you actually read what you copy/pasted? It had nothing to do with selling “or whatever” our data.

          “transfers of personal data to a third
          country and solely as strictly necessary
          for the performance of its obligations

          They are limited to transferring person data as part of providing the service – a pillar of GDPR.

        3. GiggidyGoo

          Yep Cian. And conveniently sidestepping the other part of my post. Both parts are relevant to each other.

  2. :-Joe

    Cheers Broadsheet… Great news and a rare blow to the corrupt surveillance, crony fake-capitilsm of the corporate run oligarchical ‘murican military state and empire.. that always serves the public good last or not at all.

    Fair play to Max Schrems, always doing great work for far too little reward. It’s worth following him for updates and insight.

    If only our government took all this seriously and stood up for Irish soverignty and the public best interest and to put some, any manners on ‘murica and it’s global surveillance policies led by corporations who are using Ireland as a gateway to abuse the digital rights of Irish and E.U. citizens

    A bunch of corporations whose business models and actions show they have nothing less than contempt for human rights if there is even half a cent to be made or saved on short term anonymous, unaccountable shareholder profits.

    I’ve never bothered with facederp and been completely gurgle free, i.e never used the search or logged into an account for over at least five years and I don’t notice any difference or any downside.
    If anything, it’s quite the opposite and surprisingly easier to do nowadays than it used to be just a few years ago with the added bonus of not supporting the most powerful criminal enterpises.

    gurgle = alphabot = In-Q-Tel… – People should have a look into the business and financial history for themselves. It’s a fascinating enough story in how it all came about and enough to make you think twice again about how pervasive they are while they intrude on your rights when you are using their not-so “free” internet online services.

    Everything you think was good and fair about their services is wrong. It’s all been a sophisticated scam the whole time, no matter what excuse you hear or make for yourself.

    Delete your gurgle, facederp profiles, whatsapp accounts etc.

    Stand up for human rights and vote for your own personal best interests at the same time with actions that support your beliefs. If you don’t believe it matters, fine but you’re either ignorant or deluded about the reality.

    Plenty of alternative software and internet tools and various clever methods exist to avoid them completely or at least keep them at arms length and minimise their impact if you need to use them at all…

    Your personal data is a lot more important and valuable than it may seem…

    :-J – https://www.privacytools.io

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