Digital Ecosystem Trembling Following an unprecedented earthquake on May 12 following a ruling by the Irish High Court.
The High Court rejected Facebook’s appeal, ruling that there was no impediment to continuing and terminating proceedings against Irish Data Protection Supervisor Mark Zuckerberg’s social network for transferring the personal data of European citizens to the United States.
Why the Irish High Court ruling on Facebook is destructive to the digital ecosystem
There are three main reasons why the media has already baptized legal matters as “destructive.”
- It is difficult to expect complex decisions to be made by an Irish guarantor, The epilogue of the procedure is marked: This is difficult, in the hands of European law, the so-called “privacy shield” that is being transferred after the famous ruling of the European Court of Justice in 2016 that the treaty between Europe and the United States was revoked. Personal data between old and new continents can be considered legitimate, so it remains to be interrupted.
- This problem is often summed up in the context of the full transfer of personal data between Europe and the USA, so the position of Facebook’s servers is, in fact, largely due to US discipline – the Cloud Act – whether the data is legally available to a U.S. person or to another US law. Subjectively, they give U.S. intelligence agencies the right to ask them to look into the silos of the giants of the stars and the stripe web, in connection with what has happened in the past, albeit on a number of non-standard theories, including conditions. Even if it is an ergo – it will already be a large enterprise, perhaps in some cases it will be impossible without significantly affecting the business model and organization of dubious companies – Although Facebook is repeating all the basics of Europe, it cannot be said that the problem will be completely solved.
- The Irish guarantor began proceedings against Facebook in August after a court-martial of the Shrews II ruling, but the crisis was opened by a Luxembourg judge. This is not just about Facebook. Clearly, each case deserves a unique and independent evaluation – because there are objective differences in the operating dynamics of the various digital services provided by American advanced technology – but the problem with the lack of a proper legal basis for the transfer of personal data in the United States is certainly not limited to the public or private digital environment. It also affects giants.
It follows that the final decision of the Irish Guarantor against Facebook will be effective. Effects of waves – Against a multitude of other issues and services used daily by millions of public and private individuals across Europe – although mediated through dozens of different actions before the Irish Guarantor and other personal data protection authorities across Europe.
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In this case, there is one fact that is more important than the others, or two.
- Personal data protection authorities are not only subject to the law, but also to the law: they do not have to deal with politics or evaluate the opportunities for taking this or that action. Of course, it is right to be so, because it is a guarantee of absolute freedom necessary and indispensable in the administration of justice, especially when dealing with fundamental rights, as happens in the protection of personal data.
- Reasonable consequences if current laws lead to a conclusion The Personal Data Protection Authority does not exist in Europe to avoid coming to this conclusion, however devastating its consequences can be. The guidelines of the European Guarantees Committee adopted after the court ruling indicate 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, they are not sufficient to legalize this transfer in all circumstances.
Facebook can be the subject of many things that cannot be solved even by applying dubious guidelines.
What a conclusion
If this is the case then maybe a reasonable conclusion needs to be reached, perhaps the only one possible.
The Internet ecosystem was not born Dissociated, dissociated, Dividing it into such a thing by dividing it into airless geopolitical networks is at first technically and commercially impossible – especially at the stage where we are in its development – and then politically and socially anchronistic in a globalized and perhaps undesirable society.
Therefore, the challenge is not to ensure that the personal data of European citizens is processed only by European or established institutions – should not. In Europe, but as indicated in European legislation, we must ensure that our personal data can be processed from anywhere and given to anyone in the world, at least we do not abandon protection and protection. It imposes the value, relevance, and centrality of personal data on the lives, economies, and democracies of billions of people.
But if so, it’s really here now International Politics and Diplomacy – First and foremost is not only those in Europe and the United States – this effect accelerates the identification of legal instruments capable of guaranteeing, because in the absence, disorder, regulatory asymmetries, legal uncertainty, and is difficult to see on the horizon. Widespread insecurity for the privacy of millions of people, starting with the privacy of millions of European citizens.
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Prone to fits of apathy. Unable to type with boxing gloves on. Internet advocate. Avid travel enthusiast. Entrepreneur. Music expert.