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Austria’s Supreme Court of Justice referred four fundamental questions regarding the legality of Facebook’s collection and use of EU customers’ data to the Court of Justice of the European Union (ECJ) on Tuesday.
The questions arose in a civil case filed by Maximilian Schrems, an Austrian lawyer and privacy activist, who alleges that Facebook deprives users of the rights and protections they enjoy under the EU’s General Data Protection Regulation (GDPR).
The core question in the case involved whether Facebook is relying on the consent of its users or a contract with them for the collection and processing of user data.
Prior to the enactment of the GDPR, Facebook claimed users “consented” to its processing of personalized advertising. However, GDPR has raised the standards against which consent is measured and requires that users be given the right to withdraw such consent at any time.
With the enactment of the GDPR, Facebook changed its position and now claims that its consent clauses must be viewed as a contract where users ordered personalized advertising. Schrems alleges Facebook is using this new position as a bypass which allows it to “strip users of all rights linked to consent.”
The Court agreed with Schrems’ view and expressed doubt that Facebook can change its position by simply switching the provisions of the GDPR on which it relies.
Other questions referred to the ECJ involved data minimization, collection and processing of sensitive data, and whether personalized advertising can be used in a blanket manner for aggregating and analyzing data without restriction.
The Court also issued a final judgment on issues it deemed did not require a referral to the ECJ. Among other things, the Court awarded €500 as symbolic monetary damages to Schrems for Facebook’s refusal to provide access to his own data.
Schrems, the founder and current chairman of the noyb, a nonprofit organization dedicated to privacy causes, said:
The post Austria Supreme Court refers Facebook data collection questions to ECJ appeared first on JURIST - News - Legal News & Commentary.
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The questions arose in a civil case filed by Maximilian Schrems, an Austrian lawyer and privacy activist, who alleges that Facebook deprives users of the rights and protections they enjoy under the EU’s General Data Protection Regulation (GDPR).
The core question in the case involved whether Facebook is relying on the consent of its users or a contract with them for the collection and processing of user data.
Prior to the enactment of the GDPR, Facebook claimed users “consented” to its processing of personalized advertising. However, GDPR has raised the standards against which consent is measured and requires that users be given the right to withdraw such consent at any time.
With the enactment of the GDPR, Facebook changed its position and now claims that its consent clauses must be viewed as a contract where users ordered personalized advertising. Schrems alleges Facebook is using this new position as a bypass which allows it to “strip users of all rights linked to consent.”
The Court agreed with Schrems’ view and expressed doubt that Facebook can change its position by simply switching the provisions of the GDPR on which it relies.
Other questions referred to the ECJ involved data minimization, collection and processing of sensitive data, and whether personalized advertising can be used in a blanket manner for aggregating and analyzing data without restriction.
The Court also issued a final judgment on issues it deemed did not require a referral to the ECJ. Among other things, the Court awarded €500 as symbolic monetary damages to Schrems for Facebook’s refusal to provide access to his own data.
Schrems, the founder and current chairman of the noyb, a nonprofit organization dedicated to privacy causes, said:
This is not the first time Schrems has taken Facebook to the ECJ. Schrems has taken it upon himself to fight for user privacy against social media and other internet-based companies in the EU. Altogether, he has filed 22 complaints against Facebook claiming the company was breaking EU data protection law and undermining the fundamental right to privacy. He is credited with identifying the Cambridge Analytica-Facebook scandal.
The post Austria Supreme Court refers Facebook data collection questions to ECJ appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.