The European court of justice has overturned the EU-US data protection agreement, “Privacy Shield”. In a legal dispute with the Austrian lawyer Max Schrems against Facebook, the Luxembourg judges declared, however, that the user data of EU citizens can continue to be made on the Basis of so-called standard contractual clauses in the United States and other countries.
the Background is a complaint by the privacy activists Schrems. The Austrian lawyer had objected to in the case of the Irish data protection authority, that Facebook Ireland forwards its data to the parent company in the USA. He justified his complaint is that Facebook in the United States was obliged to make to US authorities like the NSA and the FBI, the data available to without Affected could take action against it. An Irish court has asked the ECJ whether the so-called standard contractual clauses and EU-US data protection agreement, “Privacy Shield” with the European level of data protection are compatible.
“Privacy Shield” invalid
declared the “Privacy Shield” is now null and void. With a view to the access of the US authorities, the data protection requirements are not ensured. In addition, the legal protection for victims is inadequate.
The standard contractual clauses should provide in the core guarantees that the data of EU citizens are also protected in the case of a Transfer from the EU to abroad appropriate. The “Privacy Shield” is another channel exclusively for data transfer in the USA.
Schrems cheers
Schrems said in a first reaction, he was very happy about the judgment. “At first glance, the court seems to us to be in all aspects is followed. This is a total blow to the Irish data protection authority DPC and Facebook. It is clear that the US must change its surveillance laws seriously, if U.S. companies want to continue to play a role on the EU market.”
On Schrems’ had objected to the initiative of the ECJ, 2015 is already the predecessor of the “Privacy Shield”, the Safe-Harbor rules, because you have not protected the data of European citizens sufficiently against access by US authorities. For this assessment, the revelations of Whistleblower Edward Snowden in 2013 to escalating Internet Surveillance by the US played secret services have an important role. Facebook relies, however, in the case of the Transfer of data from Europe to the USA is not on the “Privacy Shield”, but on the standard contractual clauses.
beb/dpa
