Despite ECJ’s two judgments, Facebook continues to transfer user data to the USA. Data protection lawyer Max Shrems sees this as a serious violation.

December 20, 2021 at 11:19 am

The Austrian says the social media giant is ignoring Facebook Data Protection Officer Max Shrems Two judgments of the European Court of Justice (ECJ) regarding the transfer of data to the USA. “It seems doubtful that Facebook has any strategy – other than a complete denial of the law,” Shrems said in a press release Monday. According to Shrems, Facebook US law is similar to European data protection law. But this is not the case Direct contradiction to the ECJ judgment.

The procedure is based on the 86-page confidential document “Transfer Impact Assessment”, as reported by Shrems. Facebook Data transmission to the USA should therefore be stopped immediatelyAfter the ECJ declared it illegal twice.

Ignored EU law

But about a year and a half after the second ECJ verdict came, the social network also got it No action has been taken To limit its data transfer. As a result of the newly introduced Standard Contract Terms (SCC), Facebook has now concluded that the ECJ ruling does not apply to the company and that the transfer of user data to the USA will continue as before.

“Facebook ignores EU law It’s been 8.5 years now. Facebook is simply saying that the documents now being published show that the ECJ is wrong, “Schromez said.”

The cases are pending

Facebook’s European headquarters are in Ireland. So it is Irish Data Protection Authority DPCTo prosecute company violations of EU rules. The case of cooperation between Facebook and US authorities has been pending in the Irish DPC since 2013. The first decision is yet to be seen.

In October 2015, at the instigation of Schrems, the EU-US Data Protection Agreement “Safe Harbor” was annulled by the ECJ. Last summer, Screens introduced a “privacy shield” of succession control before the ECJ. “Despite two clear rulings, Facebook is completely ignoring the ECJ, which is being monitored by the Irish Data Protection Authority,” Schrems said.