Schrems can't throw collective sueball at Facebook but individual action OK Max Schrems can sue Facebook in Vienna as an individual, but can’t bring a class action suit, in a ruling from the Court of Justice of the European Union without a knock-out blow for either side. The decision, handed down this morning, relates to a case the Austrian activist and lawyer brought as a consumer in the Austrian …
But of course its really a case of Max Schrems versus both of them (Irish-DPC + Facebook):
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https://www.irishtimes.com/business/technology/independence-of-data-protection-commissioner-questioned-1.2513682
http://www.thejournal.ie/data-protection-commissioner-new-office-1488473-May2014/
https://qz.com/162791/how-a-bureaucrat-in-a-struggling-country-at-the-edge-of-europe-found-himself-safeguarding-the-worlds-data/
https://qz.com/993995/how-facebooks-fb-sheryl-sandberg-personally-lobbied-irish-prime-minister-enda-kenny-as-shown-by-2014-emails-published-in-the-irish-independent/
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They just need €900 more to hit the target and have 4 days to do it.
So if you actually care about privacy and not just paying lip service to it, it might be a good campaign to back. Schrems is at least someone who is actually pro-active in this area and has achieved a lot.
And yes, I have backed it with €100 and set it to annually. If it helps keep the big tech companies in check regarding privacy (and keep the data protection agencies in check and stop them rolling over when big tech lobbies their governments), then it is good value for money.
"Schrems celebrated the fact he was now able to sue Facebook in Vienna, rather than having to go through the courts in the nation the business is based."
I wonder what bearing this has on the Privacy Figleaf. That, AIUI, requires the European data subject to take action for a breach in the US in the US courts. If the data had originally been trusted to a European party who shipped it overseas then maybe they also are able to take action in the jurisdiction where they live. Not being able to do so is a major failing of the Figleaf.
Even now the Figleaf might be shrivelling up and ready to drop.
The "Eu overreach" prophesized by Mr FrogFace, Mr FrozenInTime with a stick up his a*** and various other similar characters does not exist.
The procedure is - you raise a case in your country and the court in YOUR country MAY decide to bounce it to the ECJ by either referring to or allowing appeal. So there is no possibility for a cross-jurisdiction claim or a court in one jurisdiction handing out a judgment applicable for another.
Just to be clear - this is different from ECHR procedures. Different court :)
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