Facebook Fights Irish Privacy Watchdog's Data-Transfer Curbs (bloomberg.com) 15
Facebook sought to derail proposals by the Irish data protection watchdog that the tech giant warns could curb transfers of vast amounts of commercial data across the Atlantic. From a report: The social network giant said it sought a judicial review of the Irish Data Protection Commission's preliminary decision that the company may have to halt trans-Atlantic data transfers using the most commonly used EU tool still available to firms. "A lack of safe, secure and legal international data transfers would have damaging consequences for the European economy," Facebook said in a statement Friday. "We urge regulators to adopt a pragmatic and proportionate approach until a sustainable long-term solution can be reached." In an investigation into Facebook's data transfers, the Irish authority told the company that so-called standard contractual clauses "cannot in practice be used for EU-US data transfers," according to a blog post by Facebook this week.
McFacebook hoisted on own petard (Score:4, Interesting)
Live by the Tax avoidance scam, die by the tax avoidance scam. I hope they give them a royal EU up the wazoo anti-trust exam too.
Re: (Score:2)
"We're Irish we promise!" "No wait, not that Irish!"
What they get, they deserved worse.
may have to halt trans-Atlantic data transfers? (Score:3)
There is no may. It has to, because all FB data is available to US gov without warrant, due to FISA-702, which is a GPDR fail.
It is cut and dried.
https://noyb.eu/en/dpc-actuall... [noyb.eu]
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That's a decent moral and maybe even legal argument. Unfortunately, a blanket ban on transferring personal data to any entity subject to US jurisdiction would probably destroy the economy of every nation in Europe within a matter of days, so it's not a very pragmatic argument.
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Nope. And since it is on you to support your assertions, I'll point out you have example of what a problem would be.
Think of the business situation that you think harms some business. Explain the details; what changed, and what happened to them?
(Hint: In every case where you throw a dart at the wall, it will be easy to explain some different options the business would have.)
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That's a decent moral and maybe even legal argument. Unfortunately, a blanket ban on transferring personal data to any entity subject to US jurisdiction would probably destroy the economy of every nation in Europe within a matter of days, so it's not a very pragmatic argument.
Can you please elaborate on this? How would the European economies be destroyed by forcing FB/Google et al. to keep the data in Europe?
Is it the ad revenue? Those can be swapped for non-targeted ads for the time being (or just run based on what has already been collected until a European contingent of data centres and processors can be established). Paid placements of stores and ads wouldn't suffer as those are covered under different laws and contracts. Maps? Those don't need personal data to work.
What exa
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What exactly is it that would break the economies?
For one thing, a large proportion of electronic payments would potentially be prohibited, since the mechanics behind them are ultimately controlled by businesses based in the US.
Someone in another reply to my previous comment has suggested that these businesses might not be affected by the FISA issue raised in this thread, though even if that doesn't apply, it's still possible that other provisions for US government surveillance would matter; two different mechanisms for approving EU-US data transfers have
NOT a blanket ban (Score:2)
It's transfers to US electronic communication service providers that fall under the FISA 702 (50 USC Â1881a) mass surveillance law that are illegal under EU data protection law.
Banks, travel agents, airlines can use an SCC.
Not sure why they couldn't comply (Score:3)
What stops the process of user data being successfully turned into advertising profit from inside some EU datacenters?
What bulk collection systems do they need to feed in the US that they can't just also run in the EU??
Are they 'not' Facebook's systems?
Maybe some other party is the ultimate receiver of the data in these contracts with some other legal status that doesn't want to upset their oversight committees?
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Opt in (Score:3)
Right. Plus data use transparency, plus the service can't be contingent on opt-in.
The big problem with GDPR is that it is dependent on each country's DPC to prosecute. Ireland's DPC has done nothing in 7 years, despite being court ordered twice to act.
Move Facebook to Europe and... (Score:1)
Move Facebook to Europe and see how fast the U.S. sees the need to keep the "Holy" U.S. citizens data in the U.S. and not shipped over seas to a foreign company.