A top EU court adviser approved methods for sending data to the US in a case against Facebook but said the rules need to be closely followed. An activist warned EU citizens' data was vulnerable to US security services.
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The European Court of Justice (ECJ) Advocate General Henrik Saugmandsgaard Oe on Thursday said Facebook's current practices provide sufficient measures to legally transfer EU citizens' data to the US through recognized means.
Austrian privacy advocate Max Schrems had brought the case against Facebook Ireland, arguing that EU-approved "standard contractual clauses" (SCCs) gave European authorities the ability to block data transfers to destinations outside the EU.
Schrems' case was founded on the premise that an EU citizen's data is vulnerable when transferred to the US, where security agencies and American intelligence services can access private data for foreign intelligence purposes. He had cited documents leaked by former NSA contractor Edward Snowden.
The ECJ adviser said the responsibility was effectively on so-called data exporters to ensure safeguards were in place in the importing country to prevent the abuse of European citizens' data.
"In that respect, the standard contractual clauses adopted by the Commission provide a general mechanism applicable to transfers irrespective of the third country of destination and the level of protection guaranteed there," said the advocate general's written opinion.
Facebook welcomed Oe's ruling.
"We are grateful for the Advocate General's opinion on these complex questions," Facebook lawyer Jack Gilbert said. "Standard contractual clauses provide important safeguards to ensure that Europeans' data are protected once transferred overseas."
Oe also noted that if the data exporters fail to act if and when these conditions change, then the responsibility falls on regulators, such as an EU country's data commissioner, "to suspend or prohibit a transfer when ... those clauses cannot be complied with."
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Social media law
After a public debate in Germany, a new law on social media came into effect in October. The legislation imposes heavy fines on social media companies, such as Facebook, for failing to take down posts containing hate speech. Facebook and other social media companies have complained about the law, saying that harsh rules might lead to unnecessary censorship.
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Right to be forgotten
In 2014, the European Court of Justice ruled that European citizens had the right to request search engines, such as Google and Bing, remove "inaccurate, inadequate, irrelevant or excessive" search results linked to their name. Although Google has complied with the ruling, it has done so reluctantly, warning that it could make the internet as "free as the world's least free place."
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Blanket ban
In May 2017, Ukraine imposed sanctions on Russian social media platforms and web services. The blanket ban affected millions of Ukrainian citizens, many of whom were anxious about their data. The move prompted young Ukrainians to protest on the streets, calling for the government to reinstate access to platforms that included VKontakte (VK), Russia's largest social network.
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Safe Harbor
In 2015, the European Court of Justice ruled that Safe Harbor, a 15-year-old pact between the US and EU that allowed the transfer of personal data without prior approval, was effectively invalid. Austrian law student Max Schrems launched the legal proceedings against Facebook in response to revelations made by former US National Security Agency (NSA) contractor, Edward Snowden.
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Regulation
In China, the use of social media is highly regulated by the government. Beijing has effectively blocked access to thousands of websites and platforms, including Facebook, Twitter, Instagram and Pinterest. Instead, China offers its citizens access to local social media platforms, such as Weibo and WeChat, which boast hundreds of millions of monthly users.
Image: picture-alliance/dpa/Imaginechina/Da Qing
Twitter bans Russia-linked accounts
Many politicians and media outlets blame Russia's influence for Donald Trump's election victory in 2016. Moscow reportedly used Facebook, Twitter, Google, and Instagram to shape public opinion on key issues. In October 2017, Twitter suspended over 2,750 accounts due to alleged Russian propaganda. The platform also banned ads from RT (formerly Russia Today) and the Sputnik news agency.
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Facebook announces propaganda-linked tool
With social media under pressure for allowing alleged Russian meddling, Facebook announced a new project to combat such efforts in November 2017. The upcoming page will give users a chance to check if they "liked" or followed an alleged propaganda account on Facebook or Instagram. Meanwhile, Facebook has come under fire for not protecting user data in the wake of the Cambridge Analytica scandal.
Image: picture alliance/NurPhoto/J. Arriens
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Building trust
Schrems said he was "generally happy" with the advocate general's legal opinion. The Austrian activist noted that European concerns were similar to those put forward by the US in relation to Chinese technology companies such as Huawei or TikTok.
"In the long term, I hope that the US legislator will come to realize that no foreign customer will trust US industry if there are no solid privacy protections in the US," Schrems said. "You can't say 'trust us with all your data but actually you have no rights.'"
Amid a series of data scandals, Facebook founder and CEO Mark Zuckerberg has come under pressure to do more to protect users' dataImage: picture-alliance/AP Photo/M.C. Sanchez
