“National authorities may suspend data transfers to US Facebook ‘




National supervisors are not bound by a decision of the European Commission that Europeans data may be sent to the US because they are there sufficiently protected. They may suspend the dispatch reads an opinion to the ECJ.

The Advocate General of the European Court of Justice, in his opinion, even that the relevant decision is invalid. The ECJ follows the advice of the Advocate General is almost always on. The case was brought by an Austrian who objected that the Irish subsidiary of Facebook have data played on servers in the United States. He argued that the Snowden-revelations had demonstrated that its data were not there in safe hands.

The Irish regulator rejected the objection of the hand with a reference to the decision of the European Commission of 2002 on the Safe Harbour appointments, which would ensure that the US provides an adequate level of protection of personal data. The case went to the High Court of Ireland, which then of the ECJ wanted to know if national authorities themselves, the degree of protection may still investigate and, if necessary, may suspend the provision of information.

That question is answered by the Advocate General is now yes. According to its opinion the decision of the European Commission should not limit the independence and the powers of the supervisors. The Decision does play an important role, but if there is a complaint that draws a secure data transmission in doubt, it must be examined.

According to the Advocate-General may also be noted that US intelligence agencies perform unfocused and large-scale surveillance, so there is not sufficient protection in the country at all. He talks include ‘interference with the right to respect for private life and the family life and the right to protection of personal data’. The decision of the European Commission is therefore invalid according to him. The ECJ must test this, according to the Advocate General.

The advice is important for people who do not want Internet store their data in data centers in the US. If the ECJ follows the advice that people with national supervisors may as CBP object, after which in each case may decide that the data transfer can not take place.


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