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EU-USA: Data Protection: American Mass Surveillance of EU citizens: Is the End Nigh?

23 September 2015

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"Facebook is only a conduit in this case: Schrems’ real targets are the US government (for requiring Facebook and other Internet companies to hand over personal data to intelligence agencies), as well as the EU Commission and the Irish data protection authority for going along with this. In the Advocate-General’s opinion, the Commission’s decision to allow EU citizens’ data to be subject to mass surveillance in the US is invalid, and the national data protection authorities in the EU must investigate these flows of data and prohibit them if necessary."

See the full text: Data Protection: American Mass Surveillance of EU citizens: Is the End Nigh? (EU Law Analysis,link)

CJEU: According to Advocate General Bot, the Commission decision finding that the protection of personal data in the United States is adequate does not prevent national authorities from suspending the transfer of the data of European Facebook subscribers to servers located in the United States (pdf): "The Advocate General considers furthermore that the Commission decision is invalid" and see: Opinion: Full-text (pdf)

Also: Safe Harbor: European Court Advocate General says Agreement should be declared invalid (EDRI, link) and: Facebook case may force European firms to change data storage practices (Guardian ,link): "Changes may be required after European court advocate general accuses US intelligence services of ‘mass, indiscriminate surveillance"

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