2 October 2011

Hóigh, Facebook, How Deeply Do You Care About Data Protection?

Image: Hanover Quay – Dublin Docklands by informatique on Flickr
Hanover Quay - Dublin Docklands

Hanover Quay, Dublin 2.

That is the address of Facebook’s European headquarter or, strictly legally, the business seat of the Facebook Ireland Limited.

The above is important

as owing to Section 18 of Facebook’s Terms of Use, users who are not residents of the USA and Canada have their agreement to use the social network with Facebook’s Irish subsidiary.

That means that if you have any

data protection issues

with the Zuckerberg-led company, you are entitled to approach the Irish Data Protection Commissioner.

The Austrian based data protection advocacy group Europe vs Facebook already started doing this.
They have identified several breaches and have undertaken a number of actions, thereby including complaints and access requests and, have covered each of them on their website.

Obviously

enforcing its powers

under Section 10 of the Data Protection Act, the Irish Data Protection Commissioner has started an investigation against Facebook.

I am curious what the outcome of the foregoing will be and will therefore monitor and provide for follow-ups.

By the way, how much do you care about what Facebook does with your data, but without your consent?

14 December 2009

Will the data retention directive be fully implemented across Europe: a reprise.

About a year ago I composed one of my first blog postings and asked “Will the data retention directive be fully implemented across Europe?”. The reason behind was the then pending decision of the ECJ caused by Ireland’s concern on the data retention directive’s grounds legitimacy and, the wrong way the directive was initially  implemented in Bulgaria.

Recently, I covered the startling decision of the Romanian Constitutional Court that rejected the data retention implementing act due to inconsistency with constitutionally guaranteed and fundamental human rights, such as the right to privacy. Seemingly, this decision will not remain a single one.

In a hearing, appointed for tomorrow, the German Constitutional Court is expected to deal with the mass-complaint filed by nearly 35 000 citizens in which they ask the Court to abrogate the provisions on data retention. I believe the whole data retention concept would then fall apart, if the German Constitutional Court decided in favour of the complainants.

Press releases in Austria which, in my view, attempt to encourage the government in its Fabian position towards data retention, even call for a final ruling by the ECJ on the overall legitimacy of the data retention concept. In such a case, the ECJ will have to scrutinise whether the data retention directive is conciliate with the Charter of Fundamental Rights of the European Union that, together with the Treaty of Lisbon,  is in force as of 1 December 2009.