Luxembourg , (AFP). A Member State of the European Union may suspend the transfer of user data Facebook in your territory to the company’s servers in the United States, estimated Wednesday the attorney general of the Court of Justice of the EU.
The lawyer, Yves Bot, estimates that this decision may be unfounded if “detect deficiencies systematic “in a third country and for the United States believes that” supervision (…) and undifferentiated mass “of its intelligence services constitutes an” interference in the fundamental rights “of citizens of the EU.
His opinions do not constitute a final decision but the Court generally takes into account.
The lawyer had to rule on a case brought by an Austrian citizen, Maximilian Schrems, user Facebook .
The data Schrems share in the social network are transferred from the Irish subsidiary of Facebook to servers located in US territory.
Schrems filed a complaint with the Irish data protection authority after former consultant to the US National Security Agency (NSA) Edward Snowden revealed in 2013 a system of mass surveillance worldwide. The Austrian complained that “the law and practice” of the United States did not provide “any real protection.”
The Irish authority rejected the complaint noting that Brussels considered US as a country with an adequate level of data protection.
But the advocate general considered that in case of “systematic weaknesses” in a third country, the EU “must take necessary measures” to protect the rights of the Charter of Fundamental Rights of the EU, which include respect for private and family life and data protection.
To Bot, access to available information services US data is transferred to an “interference” in violation of privacy and protection of personal data, “particularly because supervision (…) is undifferentiated mass.”
The lawyer, very critical with the European Commission considers that this which is currently negotiating a new directive to correct the errors found, should have suspended the deal called “safe harbor” agreed with Washington in 2000 directly.
The agreement lists a set of principles for data protection to ensure that US companies respect European legislation.
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