For years, Facebook and other companies were able to easily transfer data from Europe to the USA. Startled by Edward Snowden’s revelations, European privacy advocates have been looking more closely for some time. With no prospect of success. In mid-September, a Facebook lawyer sent the Irish Data Protection Authority a letter. In a statement on oath, the social media giant announced that it was not clear how Facebook and Instagram could continue to exist in Europe. But just a few days later, Facebook is rowing back again. Manager Nick Clegg says the end of the European business is not the plan. This hack was the previous high point in the saber rattling between Facebook and the Irish data protectionists. It is about the data flow from Europe to the USA. “In my opinion, it is political pressure that is generated there. Facebook also has enormous economic power here in Europe, many companies market their products or services on Facebook. And so far it has been the case that Facebook has different legal bases in order to be able to transmit the data to the USA “, says Dennis-Kenji Kipker, lawyer and specialist for international cybersecurity, in the ntv-Podcast” Wieder Waswas learned “.

EU data no longer in the USA Ireland makes Facebook responsible

One legal basis was the so-called “Privacy Shield”, an EU law that means something like private protective shield. In July, however, the European Court of Justice declared the data protection regulation invalid. Europe has no effective way to take action against surveillance by the US government, they said. Since then, companies like Facebook are no longer allowed to forward personal data of their European users to the USA. The ECJ has already overturned the second regulation on data traffic between Europe and the United States. Just like the previous “Safe Harbor” regulation, which Europe’s highest judges objected to in 2015. Both agreements cannot guarantee the European standards because, thanks to American law, the US security authorities are still allowed to access the data. The decisive factor for the ECJ rulings in both cases were complaints from Max Schrems, a data protection activist from Austria, and his association Noyb. “With his organization, Schrems is the central actor who initiated all of these issues. He is also the one who took action against Facebook itself at a very early stage by being one of the first to assert comprehensive information claims against Facebook Ireland,” says Kipker back.

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