Social networking titan, Facebook Inc., would face Austrian privacy activist Max Schrems by July 9th at a top court in Europe in a breakthrough attempt which could affect how thousands of companies across the globe would be transferring personal data alongside European privacy rights which over the recent past went rough over internet service providers likes of Facebook and Google on privacy rights.
The case would be underscoring the issue whether existing standard contractual clauses used by other companies alongside Facebook in order to transfer personal data to United States alongside other parts of the world had been violating Europeans’ fundamental right to privacy.
If truth is to be told, transfer of cross-border data worth of billions had become a subject of real concern for businessmen’s lives of works ranging from carmakers to banks to industrial giants. Nonetheless, Schrems, an Austrian lawyer, who had successfully fought against EU’s previous privacy rules called as Safe Harbor back in 2015 as a law student, had now been challenging Facebook’s standard of clauses which were allowing them to execute transfer of cross-border data.
Facebook’s lead regulator, an Irish Data Protection Agency, had already taken the case to the Irish High Court which had immediately asked guidance from the Luxembourg-based Court of Justice of the European Union. Adding that the case could alter the landscape of existing regulatory privacy nomenclature across the globe, a global head of data protection at law firm, Linklaters said, “The whole data transfer system would be impacted and could impact the global economy.
There are alternatives to the standard clauses, including the derogations set out in the GDPR such as consent, contractual necessity and others but they are strictly interpreted and difficult to apply in practice”.