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: European law is in the hands of the European Court of Justice following a famous ruling in 2016 that terminated the agreement between Europe and the United States.Privacy Shield“, That the transfer of personal data between the old and the new continent can be considered legitimate and therefore allowed to continue unhindered.
- This problem is often summed up in terms 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 U.S. 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 is already a large enterprise, perhaps in some cases impossible without significantly affecting the business model and organization of dubious companies – While Facebook in Europe is repeating all its basic reps, 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 assessment – because there are significant differences in the operating dynamics of the various digital services provided by American advanced technology – but the problem with the lack of appropriate legal basis for the transfer of personal data in the United States is, of course, the public or private digital environment, whether or not it is a public or private digital environment. Affects most 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 proceedings 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 with 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 to provide the appropriate legal basis 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, It is technically and commercially impossible at first to divide it into such a thing by dividing it into airless geopolitical networks – 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 enshrined in European legislation, we must ensure that our personal data can be processed from anywhere and given to anyone in the world, at least in terms of control and protection, including the value, relevance and centrality of personal data in the lives, economies and democracy of millions 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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