Facebook safe from massive privacy lawsuit for now

The Advocate General in Europe's highest court has said that the privacy campaigner Max Schrems is entitled to use his consumer status to sue Facebook Ireland through the Austrian courts.

Mr Schrems believes this could still let him set a precedent.

The activist said that pursuing a personal case would still "enable us to debate the illegal practices of Facebook in an open court for the first time".

Shrems has been powerful voice on behalf of Europeans in opposing the transfer of personal data by Facebook's EU headquarters in Dublin to its USA base.

Schrems' chances of succeeding are slim, EU Court of Justice Advocate General Michal Bobek said Tuesday in his decision.

Those Facebook users are domiciled in Austria, Germany and India.

Wikileaks pediu favores a filho de Trump
Obama/Clinton colocaram pressão sobre a Suécia, o Reino Unido e a Austrália (o seu país natal) para perseguir ilegalmente o sr. Na mensagem citada pela The Atlantic , lê-se "em relação ao sr".

"Today's opinion supports the decisions of two courts that Mr. Schrems" claims can not proceed as "class action' on behalf of other consumers in Austrian courts", the spokesperson said in a statement.

But he has instead been advised that he could sue the company on his own behalf.

Facebook Ireland had challenged the global jurisdiction of the Austrian Courts and argued that Mr Schrems could no longer be regarded as an ordinary consumer because of his professional activities relating to his claims against Facebook.

Facebook also argued that Mr Schrems' Facebook page was effectively "professional".

Though he initially used the social network for private purposes exclusively, under a false name, he has used a Facebook account under his name since 2010 and he created a Facebook page in 2011. But Bobek dismissed the Facebook arguments, and Schrems is free to sue the company before Austrian courts.

Schrems also recruited a team of 10 to support him in his "campaign against Facebook".

Turkish president arrives in Kuwait for talks
Recep Tayyip Erdogan and Kuwaiti ruler Sheikh Sabah al-Ahmad al-Sabah discussed "regional and global developments", the state news agency KUNA said.

The Advocate General said that consumer status depended on the nature and the aim of the contract, ie, Mr Schrems' Facebook account, when it was agreed.

Should the Court rule in line with Bobek's opinion, then it would require Schrems to file the collective lawsuit in Ireland where Facebook is based.

Only in "exceptional scenarios" could an ulterior change in the account's use be taken into account.

But Bobek came down on the side of Facebook on the second question over the class-action suit: he can't add "consumers domiciled other places of the same Member State, in other Member States or in non-Member States" to his consumer case.

Schrems has published two books just about this case.

Though the November 14 decision is not available in English, a press release on the case says Maximilian Schrems lodged his complaint against Facebook Ireland in his home country of Austria. The court found that Schrems could not add claims from foreigners to his own, as this could lead to "court shopping" in the European Union, where individuals group together in a case and choose the most favourable jurisdiction. "It could lead to unrestrained targeted assignment to consumers in any jurisdiction with more favourable case-law, lower costs or more generous jurisdictional aid, potentially leading to the overburdening of some jurisdictions". However, the advocate-general rejected Facebook's claim that Schrems could not be considered a consumer in the case, due to his professional activities on Facebook and his research and advocacy work on personal data protection.

Trump's Pick for HHS Secretary is Former Pharma Executive Alex Azar
He would also help the Trump administration to dismantle Obamacare and crack down on drug prices. Trump tweeted on Monday: "He will be a star for better healthcare and lower drug prices".

Últimas notícias