Data Protection Organization Noib has published documents proving that Facebook is violating the General Data Protection Regulation. The network will bypass the European Court of Justice by equating US law and EU law to continue transferring data to the US.
Despite GDPR: Facebook transfers personal data to the USA
Privacy Organization Noib Hat Facebook shares Transfer Impact Assessment (TIA) Released. This 86-page secret document is actually intended to assess the risk of data transfer to third countries.
But according to Noib’s privacy spokespersons, Facebook is reportedly ignoring the decisions of the European Court of Justice (ECJ). This is because the company equates US law with EU law and continues to transfer personal data from Europe to the USA.
However, this is not only in line with the two judgments of the ECJ, but also directly contradicts the General Data Protection Regulation (GDPR).
“Incredible Ignorance of the Rule of Law”
According to Noybe’s Chairman Max Shrems, Facebook has been undermining EU law for years. A Official press release He commented:
Facebook has been ignoring EU law for 8.5 years. The documents that have just come out show that Facebook is simply saying that the ECJ is wrong. This is the incredible ignorance about the rule of law that has no consequences in Ireland.
According to Shrems, despite two clear rulings, Facebook will completely ignore the European Court of Justice. The competent Irish Data Protection Authority will simply look into it.
This is because eight and a half years after the first complaint and one and a half years after the two judgments of the ECJ, no decision has been taken. Critics are therefore widely critical of the Irish Data Protection Authority’s behavior.
EU law was ignored in three stages
According to ECJ judgments “Shrems I.“And”Shrems II“Facebook should have stopped transferring personal data from Europe to the USA. This custom was twice declared illegal. However, according to Noib’s data protection officers, the company has not taken any action to date.
Instead, internal documents show that the platform apparently believes that EU law does not apply to the group. The meta subsidiary claims that U.S. law is the equivalent of EU law – although the ECJ is of the opposite opinion.
Facebook ignores EU law in three stages. On the one hand, the documents show that the company contradicted the ECJ rules. On the other hand, the network believes that the risk of data transmission to users is very low. This is also contrary to ECJ assessments.
As a third point, the meta-document states the amounts intended to compensate for violations of EU law. However, according to Max Schrems, the measures are not relevant in terms of data protection because the measures taken are mandatory no matter what the GDPR is the minimum standard.
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