Facebook ignores ECJ ruling «kleinezeitung.at

Despite ECJ’s two rulings, Facebook continues to send users’ data to the United States. Data protection lawyer Max Schrems sees this as a serious violation of the law.

11:57 am, December 20, 2021

According to Austria, the social media company Facebook is being ignored Data Security Officer Max Schrems Two judgments of the European Court of Justice (ECJ) regarding the intentional transfer of data to the United States. “Apart from denying the law outright – it seems questionable whether there are any strategies on Facebook,” Shrems said in a statement on Monday. According to Shrems, Facebook equals US law with European data protection law. But this one Direct contradiction to the ECJ judgment.

According to Shremes, the process is based on a confidential 86-page document called the “Transfer Impact Assessment”. Facebook Data transfer to the United States should therefore be stopped immediatelyAfter the ECJ twice declared it illegal.

EU law was ignored

But the social network was available almost a year and a half after the second ECJ ruling No action was taken To control its data transactions. As a result of the newly introduced Fixed Contract Clauses (SCC), Facebook has now come to the conclusion that the ECJ ruling does not apply to the company and that sending user data to the United States may continue as before.

Social media is contrary to representation. “Like other companies We followed the rules We also need to rely on international transfer mechanisms to make data more secure, “said one Spokesperson for Facebook Mom Meta Towards APA. “Companies need clear, global rules to protect transatlantic transit data over the long term.”

Shrems sees it differently: “Facebook ignores EU law For 8.5 years now. The documents that have just been released show that Facebook is simply saying that the ECJ is wrong, “Shremes said.

Cases are pending

Facebook has its European headquarters in Ireland. So it is up Irish Data Protection Commission DPCProsecute companies that violate EU rules. A case related to cooperation between Facebook and US officials has been pending with the Irish DBC since 2013. The first result is not yet known.

In October 2015, at the instigation of Schrems, the ECJ terminated the EU-US data protection agreement “Safe Harbor”. Last summer, Scremes brought down the succession regulation of the “Privacy Shield” before the ECJ. “Despite two explicit rulings, Facebook is completely ignoring the ECJ. The Irish Data Protection Commission is looking into it,” Schrems said.