National authorities may suspend the transfer of personal data provided to Facebook to servers in the United States, according to the findings of a general attorney Court of Justice of the European Union.
The lawyer believes that the Directive regulating the processing of personal data, which states that the transfer of such information to a third country may be made when the European Commission decides that the country in question provides a level of protection adequacy of the data, does not prevent a national authority to block the shipment.
“If a national authority finds that a transfer of data undermines the protection of EU citizens in relation to the processing of personal data, may suspend the transfer, regardless of the overall assessment that there the Commission carried out “according to a court statement.
The opinion refers to the case of an Austrian citizen, Facebook user since 2008, he filed a complaint with the Irish authority for data protection as in Ireland subsidiary Facebook where it is transferred is information of those users.
The victim considered that, in light of the revelations of Edward Snowden in 2013 in relation to the activities of US information services, policy and practice of that country “does not provide real protection” to supervision by the United States on the transferred data.
The court hearing the case in Ireland went to European judges to determine whether the decision of the EU executive when it states that a third country ensures an adequate level of protection of personal data prevents an authority National override that sending information.
For the European lawyer, if a national supervisory authority considers that the transfer of data undermines the protection of European citizens in relation to the processing of personal data, you may suspend the transfer, regardless of the overall assessment that the Commission has made its decision.
In this sense, he believes that the Commission has no power to restrict the powers of the national supervisory authorities.
On the other hand, counsel considers that in case of systemic deficiencies in the third country to which the personal data is sent are detected, Member States must take the necessary measures to protect the rights enshrined in the Charter of Fundamental Rights of the EU.
It also believes that access services available to Americans downloaded data information is an interference with the right to respect for private life and protection of personal data collected in the European Charter.
He also thinks that not listen to EU citizens on the interception and monitoring of their data in the United States is an interference with the right of Europeans to an effective remedy, also protected in the same regulations.
For the lawyer, this interference is contrary to the principle of proportionality, as supervision by US intelligence “is undifferentiated mass.”
The opinions of the Advocates General EU are indicative but not binding on the court’s decision.
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