LUXEMBOURG // The European Union’s highest court ruled Tuesday in favour of an Austrian law student who claims a trans-Atlantic data protection agreement does not adequately protect consumers, a verdict that could have far-reaching implications for technology companies doing business in Europe.
Max Schrems, a student, launched the case following revelations two years ago by the former US National Security Agency contractor Edward Snowden about the NSA’s surveillance programmes.
Mr Schrems complained to the data protection commissioner in Ireland, where Facebook has its European headquarters, that US law does not offer sufficient protection against surveillance of data transferred by the social media company to servers in the United States.
Irish authorities initially rejected his complaint, pointing to a 2000 decision by the EU’s executive Commission that, under the so-called “safe harbour” agreement, the US ensures adequate data protection.
The agreement has allowed for the free transfer of information by companies from the EU to US. It has been seen as a boost to trade since, absent such a deal, swift and smooth data exchange over the internet would be much more difficult.
On Tuesday, the European Court of Justice ruled the decision by the Commission invalid. It said that the “safe harbour” deal enables interference by US authorities with fundamental rights and contains no reference either to US rules to limit any such interference or to effective legal protection against it.
The court said the effect of the ruling is that the Irish data commissioner will now be required to examine Mr Schrems’ complaint “with all due diligence”.
Once it has concluded its investigation, the authority must “decide whether ... transfer of the data of Facebook’s European subscribers to the United States should be suspended on the ground that that country does not afford an adequate level of protection of personal data,” the court said in a summary of its ruling.
Facebook said it could not immediately comment.
Mr Schrems said he hoped the ruling will be a milestone for online privacy.
“This decision is a major blow for US global surveillance that heavily relies on private partners,” Mr Schrems said in a statement. “The judgement makes it clear that US businesses cannot simply aid US espionage efforts in violation of European fundamental rights.”
However, he noted that the ruling does not bar data transfers from the EU to the US, but rather allows national data protection authorities to review individual transfers.
“Despite some alarmist comments I don’t think that we will see major disruptions in practice,” Mr Schrems said.
Sophie In’t Veld, a leading Liberal member of the European Parliament, welcomed the ruling and called the “safe harbour” decision “a travesty of legality”.
“We need clear rules to govern the transfer of personal data to the US and other non-EU countries,” she said. “But they must be legally watertight, provide real and meaningful protection, and there must be proper enforcement.”
* Associated Press
COMPANY PROFILE
Name: Grubtech
Founders: Mohamed Al Fayed and Mohammed Hammedi
Launched: October 2019
Employees: 50
Financing stage: Seed round (raised $2 million)
JOKE'S%20ON%20YOU
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MATCH INFO
Arsenal 1 (Aubameyang 12’) Liverpool 1 (Minamino 73’)
Arsenal win 5-4 on penalties
Man of the Match: Ainsley Maitland-Niles (Arsenal)
How being social media savvy can improve your well being
Next time when procastinating online remember that you can save thousands on paying for a personal trainer and a gym membership simply by watching YouTube videos and keeping up with the latest health tips and trends.
As social media apps are becoming more and more consumed by health experts and nutritionists who are using it to awareness and encourage patients to engage in physical activity.
Elizabeth Watson, a personal trainer from Stay Fit gym in Abu Dhabi suggests that “individuals can use social media as a means of keeping fit, there are a lot of great exercises you can do and train from experts at home just by watching videos on YouTube”.
Norlyn Torrena, a clinical nutritionist from Burjeel Hospital advises her clients to be more technologically active “most of my clients are so engaged with their phones that I advise them to download applications that offer health related services”.
Torrena said that “most people believe that dieting and keeping fit is boring”.
However, by using social media apps keeping fit means that people are “modern and are kept up to date with the latest heath tips and trends”.
“It can be a guide to a healthy lifestyle and exercise if used in the correct way, so I really encourage my clients to download health applications” said Mrs Torrena.
People can also connect with each other and exchange “tips and notes, it’s extremely healthy and fun”.
The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
Game Changer
Director: Shankar
Stars: Ram Charan, Kiara Advani, Anjali, S J Suryah, Jayaram
Rating: 2/5
Result
UAE (S. Tagliabue 90 1') 1-2 Uzbekistan (Shokhruz Norkhonov 48', 86')
COMPANY PROFILE
Founders: Alhaan Ahmed, Alyina Ahmed and Maximo Tettamanzi
Total funding: Self funded
Starring: Jamie Foxx, Angela Bassett, Tina Fey
Directed by: Pete Doctor
Rating: 4 stars
Living in...
This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.
More from Armen Sarkissian
Company Profile
Company name: Yeepeey
Started: Soft launch in November, 2020
Founders: Sagar Chandiramani, Jatin Sharma and Monish Chandiramani
Based: Dubai
Industry: E-grocery
Initial investment: $150,000
Future plan: Raise $1.5m and enter Saudi Arabia next year
Haemoglobin disorders explained
Thalassaemia is part of a family of genetic conditions affecting the blood known as haemoglobin disorders.
Haemoglobin is a substance in the red blood cells that carries oxygen and a lack of it triggers anemia, leaving patients very weak, short of breath and pale.
The most severe type of the condition is typically inherited when both parents are carriers. Those patients often require regular blood transfusions - about 450 of the UAE's 2,000 thalassaemia patients - though frequent transfusions can lead to too much iron in the body and heart and liver problems.
The condition mainly affects people of Mediterranean, South Asian, South-East Asian and Middle Eastern origin. Saudi Arabia recorded 45,892 cases of carriers between 2004 and 2014.
A World Health Organisation study estimated that globally there are at least 950,000 'new carrier couples' every year and annually there are 1.33 million at-risk pregnancies.
SPECS
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Most F1 world titles
7 — Michael Schumacher (1994, ’95, 2000, ’01 ’02, ’03, ’04)
7 — Lewis Hamilton (2008, ’14,’15, ’17, ’18, ’19, ’20)
5 — Juan Manuel Fangio (1951, ’54, ’55, ’56, ’57)
4 — Alain Prost (1985, ’86, ’89, ’93)
4 — Sebastian Vettel (2010, ’11, ’12, ’13)
If you go
Where to stay: Courtyard by Marriott Titusville Kennedy Space Centre has unparalleled views of the Indian River. Alligators can be spotted from hotel room balconies, as can several rocket launch sites. The hotel also boasts cool space-themed decor.
When to go: Florida is best experienced during the winter months, from November to May, before the humidity kicks in.
How to get there: Emirates currently flies from Dubai to Orlando five times a week.
Joker: Folie a Deux
Starring: Joaquin Phoenix, Lady Gaga, Brendan Gleeson
Director: Todd Phillips
Rating: 2/5
