back to article Angry Austrian could turn Europe against the US - thanks to data

In a David versus Goliath battle, an Austrian law student may topple the biggest EU-US data sharing deal when he gets his day in court in a couple of weeks' time. Max Schrems, who set up the Europe v Facebook group, alleges that Facebook violated the so-called safe harbour agreement which protects EU citizens' privacy. He says …

  1. Anonymous Coward
    Anonymous Coward

    'Max Schrems, who set up the Europe v Facebook group, alleges that Facebook violated the so-called safe harbour agreement which protects EU citizens' privacy, by transferring personal user data to the US National Security Agency (NSA).'

    FTFY - that missing comma's really crucial in this instance!

    1. toughluck

      So you're saying that transferring user data to the US National Security Agency (NSA) doesn't protect EU citizens' privacy? Whoduvthunkit?

    2. Alistair Swanson
      Meh

      Rendering issue?

      Your other comma between "agreement" and "which" seems to have dropped down a couple of lines and now looks like an ill-placed apostrophe in "commas".

      They should probably re-write the sentence.

      1. gazthejourno (Written by Reg staff)

        Re: Rendering issue?

        Done - but next time please use the "send corrections" link at the bottom of the story. Not all comments get read, it was good fortune that one in this story tripped the moderation filter and brought me in.

        1. Anonymous Coward
          Anonymous Coward

          Re: Rendering issue?

          For years users have been suggesting you should perhaps have a corrections form on the website, for those who do not wish to use email for a number of more or less valid reasons.

          Is there any particular impediment to having that form set up?

        2. Captain DaFt

          Re: Rendering issue?

          "but next time please use the "send corrections" link at the bottom of the story."

          Um, There's no such link on the mobile site... Maybe it could get one?

  2. sysconfig

    Whatever the outcome...

    "David" has paved the way for an outstanding legal career!

    I hope he is successful with this case, but I've got the feeling that the big machinery will eventually wear him out and too many megacorps with lots of money to share have too much interest in keeping Safe Harbour alive.

    1. toughluck

      Re: Whatever the outcome...

      I applaud what he's doing and I really hope he succeeds, but people have been killed for less...

      1. Anonymous Coward
        Anonymous Coward

        Re: Whatever the outcome...

        > people have been killed for less...

        Are you saying, to paraphrase a certain Argentinian medical student, that you'd rather live on your knees than die standing?

        Thankfully not everyone shares that point of view.

        1. toughluck

          Re: Whatever the outcome...

          I didn't mean that. But, if he's dead, he can't influence the proceedings anymore, and the thing might fall apart.

    2. Kristian Walsh Silver badge

      Re: Whatever the outcome...

      "David" has paved the way for an outstanding legal career!

      I suspect this was always his goal. Rather than working with an Irish-based group, he absolutely insisted on being funded to go and live in Ireland for the duration of the action...

      That's not to say I think his case is wrong...

  3. Barrie Shepherd

    "He added that Schrems was not required to prove that his own data had been spied upon in order to make a complaint."

    Maybe not when the game started but I'm sure Schrems data will be spewing out of NSA printers at a great rate now.

  4. nematoad

    Here's hoping.

    “restore trust in data flows between the EU and the US.”

    Good luck with that.

    As sysconfig says above with most of the IT megacorps being American the privacy of citizens of the EU is probably not the first thing on the minds of the powers that be in Washington.

    The US seems to have the idea that everything connected with the internet is their private property and it should be up to them to decide what happens to any data that gets onto the internet.

    As Upton Sinclair's saying goes " It is difficult to get a man to understand something when his salary depends upon his not understanding .."

    1. Looper
      Flame

      Re: Here's hoping.

      "The US seems to have the idea that everything connected with the internet is their private property"

      Just the internet? Don't you mean the entire planet, solar system and the rest of the universe?

  5. Matthew Glubb
    Go

    Go!

    Go Max, Go!

  6. Anonymous Coward
    Anonymous Coward

    For info

    Mr. Schrems is the who brought the private lawsuit in Austria that ended up toppling the EU Data Retention Directive.

    I know who I'm hiring next time I get arrested.

  7. Gwaptiva

    In case of a verdict that tips the US Safe Harbour thingie, it would be interesting to see if the same can be done with the UK. Because data stored in the UK is as unsafe

    1. qwertyuiop

      IANAL but given that Safe Harbor (sic) is an agreement between the US and the EU then the judgement will apply to the UK as well.

      1. Anonymous Coward
        Anonymous Coward

        The judgement will do, but call-me-Dave will just veto it by creating a law that says the UK will provide whatever the US wants.

        Although in hindsight, such a law probably already exists, even though it's secret...

        British justice eh, gotta love it.

  8. Looper
    Angel

    US-EU Safe Harbour paradoxical agreement

    The US-EU Safe Harbour agreement benefits only one party to the agreement: the US and its commercial interests.

    It is a fraudulent agreement which pretends to protect data privacy of EU citizens to the same extent as EU legislation. It has never worked and never will. EU politicians selling out EU citizerns legal protection.

    The US is one of a handful of countries with NO data privacy or data protection legislation. Pretty obvious why. A country gone spectacularly wrong. Heading into major police state just as bad as every country they have accused of same over the decades.

  9. Ken Hagan Gold badge

    "He says the infringement came about thanks to Facebook transferring its users' data to the US National Security Agency (NSA)."

    Presumably Facebook will argue that the data was entered onto a US server by the user. Therefore, the transfer from the EU to the US was performed by the data owner, not them, and any subsequent transfer from Facebook to the NSA comes purely under US law.

    It's a little different from (say) European airlines transferring customer data to the US. In that situation, the initial transfer was from a European resident to a European company.

    Certainly if I went onto a North Korean web-site and entered a load of stuff I wouldn't expect that data to enjoy the protection of EU law. Whenever you have transactions between two entities in different legal jurisdictions there is bound to be some dispute over whose legal system takes precedence.

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