European remoteness supporter Max Schrems’ authorised plea to Facebook has already been credited with the passing of a fifteen-year-old information send arrangement between a segment and a U.S. final year, causing outrageous doubt for transatlantic information flows after Safe Harbor was unexpected struck down. But Schrems’ authorised powder is distant from spent.
Today’s engaging growth in a tale is that a U.S. Government has asked a Irish Court to be assimilated as an amicus in a box — likely, reckons Schrems, in sequence to urge U.S. surveillance laws before a court, given it is those laws that have been found to be in dispute with Europeans’ elemental rights, causing all this difficulty in a initial place.
In Schrems’ original 2013 authorised challenge, which resulted in Safe Harbor being struck down final fall, he argued that U.S. Government mass surveillance programs, that NSA whistleblower Edward Snowden suggested to be mining data from consumer web services such as Facebook, invalidated a long-standing EU-US information upsurge understanding by contravening European information protection laws. Europe’s top court, a CJEU, agreed.
After a CJEU decision Schrems filed new complaints relating to Facebook and a NSA’s Prism information collection module (the one apparently looping in information from consumer services such as Facebook), including with the Irish DPA — which last month said it would be referring a matter to the Irish High Court. And it’s here a U.S. Government wants to step in as an amicus curiae — petitioning a justice to be means to offer a perspective on a matter. Schrems says a move underlines a stress of a box to a U.S. Government.
Attempts to reinstate Safe Harbor with a supposed EU-US ‘Privacy Shield’ are ongoing though have been roundly criticized as containing a same elemental flaws that scuppered Safe Harbor. Schrems has argued there’s zero to forestall another authorised plea to a Privacy Shield on a same mass notice drift that holed Safe Harbor. The influential heads of European Member States’ information insurance agencies, a Article 29 Working group, also sojourn unfortunate with a stream breeze of a agreement.
In a meantime a some-more than 4,000 companies which were regulating Safe Harbor to oversee their transatlantic information flows have had to tumble behind on alternative mechanisms. But there’s no organisation authorised balance here either; Schrems’ latest authorised plea has thrown doubt on the legality of one of these methods — supposed “model agreement clauses”. It’s a legality of these contracts the Irish High Court will be considering, even as the U.S. Government aims to chip in with a dual cents on U.S. notice law.
The U.S. Government has formerly done open statements denying it engages in mass surveillance — arguing instead that European courts have misinterpreted its intelligence practices. However if it is allowed to turn an amicus curiae it will have to make such assertions underneath promise — something Schrems views as an opportunity, observant that whoever gives justification on interest of a U.S. Government could face serious consequences if they do not respond truthfully to questions in court.
“This might be a singular event for us. we therefore really most acquire that a US supervision will get concerned in this case,” he writes in a statement on a development. “This is a outrageous possibility to finally get plain answers in a open procedure. we am really most looking brazen to lift all a worried questions on US notice programs in this procedure. It will be really engaging how a US supervision will conflict to a transparent justification already before a court.”
So this is certainly backing adult to be a * gets popcorn * moment — assuming the US supervision does finish adult removing a grilling from Schrems’ lawyers…
.@EUstaran Hardly, as a initial 3 points are e.g. not covering PRISM and a fourth is not in line with C-362/14, p. 95. #PrivacyShield
— Max Schrems (@maxschrems) Jun 13, 2016
Other entities requesting to join a procession embody the American Chamber of Commerce, a Business Software Alliance and a Irish Business and Employers Confederation, according to Schrems’ Europe vs Facebook debate group.
The initial basic conference for a box took place currently in Dublin.