[Int-koordination] Data Protektion: Complaint against Facebook

[Jens Stomber <jens.stomber AT gmx.de>]

Fyi
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delegate in the council of the European Pirate Party
coordinator squad nsa-scandal \o\ http://is.gd/stopnsa
coordinator data protection working group /o/ http://datenschutzpiraten.de/

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Von: Markus Drenger <markus.drenger AT piratenpartei-hessen.de>
Gesendet: 1. August 2014 14:07:13 MESZ
An: AG-Datenschutz <ag-datenschutz AT lists.piratenpartei.de>
Betreff: [AG-Datenschutz] Massenklage gegen Facebook

fyi

Dear Everyone – For your information: We filed an “Austrian style” class
action in Vienna today.
Every Facebook user outside of the US/Canada can participate by
“assigning” their claims via an App (fbclaim.com).
The whole thing was prepared for half a year and sounds extreme, but is
very well settled.

I would be happy if you could spread the message! ;)

 

Best, Max

 

Our Press Release:

========================

 

*Class Action Brought Against Facebook*

*A class action against the social network could become Europe’s largest
data privacy suit.
Any Facebook user can participate through a ‘Class Action App’ on
fbclaim.com.*

 

An extensive civil suit has been brought at the Commercial Court for
Vienna against the Irish subsidiary of the stock exchange-listed US
company. The claimant is Viennese lawyer and data privacy activist Max
Schrems. Other affected users can join the class.

‘Our aim is to make Facebook finally operate lawfully in the area of
data protection’, says Schrems. Injunctions under EU data protection law
will be applied for and damages sought.

In order to give the action the necessary public pressure, all other
Facebook users have been called on to join the case as part of an
Austrian class action. ‘Each additional participant also increases the
pressure on Facebook’, says Schrems. This will occur in the next few
months through ‘assignments’ of claims of other Facebook users from all
over the world to the primary claimant. Unlike in a US class action,
participants must therefore actively come forward, but can be joined at
any time. The necessary assignment can be carried out within a few
minutes at www.fbclaim.com <http://www.fbclaim.com>through a specially
developed ‘assignment app’ for computers and smart phones connected to
Facebook. All adult non-commercial Facebook users outside Canada and the
USA can take part.

The suit is essentially based on the following unlawful acts of Facebook
Ireland:

·         Data use policy which is invalid under EU law

·         The absence of effective consent to many types of data use

·         Support of the NSA’s ‘PRISM’ surveillance programme

·         Tracking of Internet users on external websites (e.g. through
‘Like buttons’)

·         Monitoring and analysis of users through ‘big data’ systems

·         Unlawful introduction of ‘Graph Search’

·         Unauthorised passing on of user data to external applications

 

While European data protection law applies, the claims for damages in
accordance with Facebook’s conditions of use will have to be assessed
under Californian law. ‘In the case of Facebook Ireland we have a very
interesting situation, as both European data protection law and US tort
law are applicable. This is obviously helpful for the enforcement of the
users’ rights’, says Schrems. The claim for damages has been
deliberately set low, at a token €500 per user. ‘We are only claiming a
small amount, as our primary objective is to ensure correct data
protection. However, if many thousands of people participate we would
reach an amount that will have a serious impact on Facebook’, explains
Schrems, who is organising and running the action without consideration.

 

There is no risk of costs for participants of the class action, as only
Schrems will figure as a claimant. The suit is being financed entirely
by ROLAND ProzessFinanz AG. If it is successful, ROLAND will receive 20%
as legal funding provider. ‘Because of our long history as a litigation
funding company we are used to levelling the playing field in the fight
between David and Goliath. In this case it is particularly necessary’,
says Arndt Eversberg, CEO of ROLAND ProzessFinanz AG. All the damages
awarded will be paid to the participants, less the costs and the legal
funding provider’s share. The class action is therefore not oriented
towards making a profit.

 

With regard to the proceedings still running in parallel before the data
protection authorities in Ireland Schrems says: ‘In the beginning we
made great progress in Ireland. As a result of our complaints, Facebook
had to delete data and deactivate its facial recognition all over the
world. However, over time it became clear that the Irish authorities had
no interest in enforcing substantial changes. The proceedings will soon
reach the end of their third year and we are still being promised a
decision “in the near future”. Many voices in Ireland are saying that
this is due to political pressure not to drive away the IT industry,
which is very important in Ireland. We shouldn’t have that problem in
Austria. We are therefore transferring the focus of our activities here.’

 

Schrems‘ attorney Wolfram Proksch (PFR Rechtsanwälte – attorneys at law)
says: ‘We have reviewed the matter in detail and made careful
preparations. For the time being the action is only directed against
Facebook’s obvious violations of the law, which affect virtually all
users. Every Facebook consumer outside the USA and Canada has a contract
with Facebook Ireland. Within the EU, consumer contract cases are
handled by the competent court for the claimant’s place of residence.
Because Max Schrems is bringing the action as a consumer, his place of
residence is in Vienna and Facebook Ireland is a European company, the
Commercial Court for Vienna is competent.’

 

‘We love to complain constantly about data protection problems in
Europe, now it’s also time for us to enforce our fundamental rights.
Within the framework of this class action individuals can also make a
contribution to this effort’, Schrems concludes.

 

*Further information, photographs and all the documents*on the suit are
available now at http://www.europe-v-facebook.org/EN/Media/media.html.

 

_Contact for enquiries:_

Max Schrems
europe-v-facebook.org
media AT europe-v-facebook.org <mailto:media AT europe-v-facebook.org>
Tel. +43 660 1016327

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