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Thread: Irish High Court Allows Judicial Review of Data Commisisioners refusal to investigate FB's data sharing with NSA

  1. #1
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    Default Irish High Court Allows Judicial Review of Data Commisisioners refusal to investigate FB's data sharing with NSA

    Good stuff.

    The Irish High Court has granted the activist group Europe v Facebook a judicial review of an earlier decision by the country’s data protection commissioner, who refused to launch an investigation into Facebook’s alleged transfer of customer data to the NSA.

    Europe v Facebook (EvF) is, as the name suggests, a thorn in the social network company’s side. Founded a couple of years ago by a group of Austrian law students, the group generally targets Facebook in Ireland, where all the company’s activities outside North America are headquartered for tax purposes. EvF has seen real results, too, having forced Facebook to alter its policies around photo-tagging in Europe, for example.
    PRISM vs Safe Harbor

    In June, Edward Snowden’s PRISM revelations showed that the NSA was at least requisitioning – and possibly just plain tapping into – large amounts of customer data from big U.S. tech firms including Facebook, Microsoft, Apple and Google. Viewing this as a breach of European data protection law, and specifically of the “Safe Harbor” agreement that governs the transfer of data from Europe to U.S. web providers, EvF complained to data protection officials in Ireland (regarding Facebook and Apple), Luxembourg (Microsoft/Skype) and Germany (Yahoo).
    The Safe Harbor agreement provides a way around an aspect of EU privacy law which states that citizens’ personal data cannot be transferred to a country that does not have similarly strict data protection legislation. The U.S. does not have such laws, so companies there can self-certify as Safe Harbor-compliant, stating that even if their country’s laws aren’t up to scratch, they abide by EU-strength privacy principles.

    EvF’s complaints appear to have gained traction in Luxembourg and Germany, but the Irish data protection commissioner (DPC) turned down EvF’s investigation request, with the argument that there was no evidence of unlawful data transfers, and that being registered for the Safe Harbor scheme means Facebook had “met their data protection obligations.”
    Calls for overhaul

    The Irish High Court has now granted EvF its right to appeal. EvF head Max Schrems (pictured above) told me on Thursday that the group will be pointing to a call by German data protection officials for the Safe Harbor agreement to be suspended in the light of the Snowden leaks, and to an analysis of the agreement last year by the Article 29 Working Party of EU data protection commissioners, who recommended bringing in a proper certification scheme with third-party audits.
    After all, all European data protection officials are working with the same basic law — there is just some variation in national implementation, which is one of the main rationales behind the EU’s imminent overhaul of data protection regulation.
    In case you’re wondering why EvF isn’t going after Apple in Ireland anymore, by the way, Schrems said this was a tactical decision based on the fact that any decision relating to Facebook in this case would necessarily apply to other U.S. firms in the same boat. “We kind of dropped Apple and left it out to not make it even more complicated,” he said.
    gigaom.com/2013/10/24/privacy-activists-may-get-second-shot-at-facebook-prism-investigation-in-ireland/
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  2. #2
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    Default Re: Irish High Court Allows Judicial Review of Data Commisisioners refusal to investigate FB's data sharing with NSA

    Data Commissioner gets a "rap on the knuckles" according to RTE


    The European Court of Justice (ECJ) has landed a fairly heavy blow to the now much-maligned EU-US data transfer Safe Harbour agreement, finding that local privacy watchdogs can check on resident US companies’ data protection measures.

    In a case that was going to have significant fall out no matter which way the ECJ decided, ruling against the European Commission’s (EC) decision to respect Safe Harbour will cause chasms in the EU, and consternation across the Atlantic.

    Two key lines are included in the pre-judgement release from the court, vindicating Max Schrems’ arduous task of taking the Irish data protection commissioner (DPC) to task for not investigating his Facebook concerns adequately.
    https://www.siliconrepublic.com/ente...act-on-schrems
    Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer

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    Default Re: Irish High Court Allows Judicial Review of Data Commisisioners refusal to investigate FB's data sharing with NSA

    As a general rule the most successful man in life is the man who has the best information.

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    Default Re: Irish High Court Allows Judicial Review of Data Commisisioners refusal to investigate FB's data sharing with NSA

    FBI given expanded hacking powers


    Hacking multiple computers across the world just got easier for the United States intelligence and law enforcement agencies from today onwards.
    The changes introduced to the Rule 41 of the Federal Rules of Criminal Procedure by the United States Department of Justice came into effect on Thursday, after an effort to block the changes failed on Wednesday.
    The change grants the FBI much greater powers to hack into multiple computers within the country, and perhaps anywhere in the world, with just a single warrant authorized by any US judge (even magistrate judges). Usually, magistrate judges only issue warrants for cases within their jurisdiction.

    http://thehackernews.com/2016/11/fbi...cking.html?m=1
    Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer

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