Digital ecosystem Trembling Following the May 12 verdict of the Irish High Court, during an unprecedented earthquake.
The High Court has rejected Facebook’s appeal, ruling that the Irish Data Protection Supervisor has no objection to continuing and terminating action against Mark Zuckerberg’s social network for transferring the personal information of European citizens to the United States.
Facebook’s privacy inquiry in Ireland may continue, so this is an important decision
Why the Irish High Court ruling on Facebook is destroying the digital ecosystem
There are three main reasons why the media has already baptized a “destructive” legal matter.
- It is difficult to expect such complex decisions as the Irish Guarantor, but, The epilogue of the procedure appears to be markedThis is difficult after the famous decision of the European Court of Justice to overturn the agreement reached between Europe and the United States in 2016, and European law is in hand.Privacy Shield“, The transfer of personal data between old and new continents may be considered legitimate, so allow it to continue uninterrupted.
- The problem is often summarized in terms of the physical transfer of personal data between Europe and the USA, so the location of Facebook’s servers is, in fact, very large, because, in fact, the American discipline – especially the cloud act – is that data is a U.S. Whether in the legal possession of the individual or in the control of a U.S. individual, or in one way or another, subject to U.S. law, including conditions, including a variety of inferior assumptions, they require U.S. intelligence agencies to look into the silos of giants on the stars and stripe web. Even so – owning one is still beyond the reach of the average person. Even if Facebook copies all of its infrastructure in Europe, it cannot be said that the problem will be completely solved.
- The Irish Guarantor launched an action against Facebook in August, following the Court of Justice’s Shrews II ruling, but, apparently, the gap was opened by a Luxembourg judge’s decision. This is not just about Facebook. Clearly, each case is unique and deserves independent evaluation – because objectively there are significant differences in the functional dynamics of the various digital services provided by major American technologies – but the problem is that there is no appropriate legal basis for the transfer. Personal data in the United States certainly affects not only Facebook, but most of the giants surrounding the public and private digital ecosystem, either directly or indirectly.
In all likelihood, the Irish Guarantor will make the final decision against Facebook The effects of waves – Against the plethora of other issues and services used daily by millions of public and private individuals across Europe – though mediated through dozens of different measures to celebrate before the Irish Guarantor and other personal data protection authorities in Europe.
GDPR Certifications: All benefits to the organizations that join them
There is one fact to consider in this case, or two, which is more important than the others.
- Personal data protection authorities are not only subject to the law, but also specifically required to apply the law: it is not their responsibility to deal with politics or to assess the chances of adopting this or that criterion. Of course, it is right to be so, because it is a guarantee of absolute freedom necessary and necessary in the administration of justice, and especially in the case of the protection of personal data, as in the case of fundamental rights.
- The logical consequence is that the existing laws lead to a conclusion There is no personal data protection authority in Europe that can avoid reaching this conclusion, no matter how devastating its consequences. The guidelines of the European Guarantees Committee were adopted after the judgment of the court, while indicating ways and solutions for the transfer of personal data between Europe and the United States, even in the absence of privacy. Shield in many cases, in all cases they are not sufficient to legalize this transfer.
Also, Facebook is one of the many issues that cannot be resolved even if the guidelines in question are applied.
What a conclusion
If this is the situation that has arisen, it is now necessary to come to a conclusion in a concise manner, perhaps the only possible one.
The Internet ecosystem was not born Dissociated, dissociated, Breaking it down into airtight geopolitical networks and making it one of a kind is technically and commercially impossible at first – especially as we are in its development stage – and then politically and socially unethical in a globalized and perhaps undesirable society.
Therefore, it is not a challenge to ensure that the personal data of European citizens is processed only by European or established institutions. Although in Europe, as required by European legislation, we must ensure that our personal data is processed by anyone anywhere in the world, and that we do not relinquish control or protection. Protection imposes the value, relevance and centrality of personal data on the lives, economies and democracies of millions of people.
But if so, it’s really here now International politics and diplomacy at that moment – First of all, not only in Europe and the United States – accelerate the identification of legal instruments capable of guaranteeing this result, because in its absence, it is difficult to see on the horizon without irregularities, regulatory asymmetries and legal uncertainty. Widespread insecurity for the privacy of millions of people, starting with millions of European citizens.
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