SoylentNews

canopic jug writes:

While most of the newspapers were distracting the public with the antics of Mark Zuckerberg, a European Union High Court raised 11 important questions regarding privacy (warning for PDF) that will affect large data-gathering operations like Facebook. The 11 questions have been passed upwards to the most senior EU court and are based on a current case started by Max Schrems.

The Irish High Court referral, published on Thursday and due to be submitted to the ECJ by the end of April, stems from a case brought by an Austrian privacy activist against the methods used by Facebook to store user data on U.S. servers following revelations in 2013 of mass U.S. surveillance practices.

[...] The High Court's five-page referral asks the Court of Justice of the EU (ECJ) if the Privacy Shield - under which companies certify they comply with EU privacy law when transferring data to the United States - does in fact mean that the United States "ensures an adequate level of protection".

Opponents can still appeal the court's referral any time until the end of the month. The proposed Privacy Shield legislation is the EU's follow up framework to cover transfers of personal data to outside the EU. It is being written as a replacement for the now invalidated International Safe Harbor Privacy Principles. The Safe Harbour agreement was brought down, after an earlier two-year lawsuit (Case C-362/14) by Max Schrems, because of its inadequate protections in light of the Snowden revelations.

From Reuters : EU's top court asked to probe Facebook U.S. data transfers
The Irish Times : High Court sets out 11 questions for ECJ on EU-US data transfers
Ars Technica : Facebook data transfers to be examined by EU court, Irish judge rules

See also an intial analysis, http://www.europe-v-facebook.org/sh2/PA-ref.pdf

Earlier on SN:
Austria Resident Max Schrems is Organizing a Privacy-Oriented Class-Action Suit Against Facebook
On its Way: A Google-Free, NSA-Free IT Infrastructure for Europe

Original Submission