Schrems Loses First Battle Against Facebook But War Has Only Just Begun !!HOT!!
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While studying law during a semester abroad at Santa Clara University in Silicon Valley, Schrems decided to write his term paper on Facebook's lack of awareness of European privacy law, after being surprised by what the company's privacy lawyer, Ed Palmieri, said to his class on the subject. He later made a request under the European Right of access to personal data provision for the company's records on him and received a CD containing over 1,200 pages of data, which he published at europe-v-facebook.org with personal information redacted. He filed a first round of complaints against the company with the Irish Data Protection Commissioner (DPC) in 2011. In February 2012 Richard Allan and another company executive flew to Vienna to debate these complaints with him that lasted six hours. Facebook was audited under European law and had to delete some files and disable its facial recognition software. In 2014 Schrems took back the complaints, claiming that he never received a fair procedure before the Irish Data Protection Commissioner. He has never received a formal decision by the DPC and was denied access to all submissions by Facebook and the files of the case. On europe-v-facebook.org, he commented about taking back his complaints:
In October 2015, the Higher Regional Court of Vienna reversed the regional court ruling, finding that Schrems is a consumer and that he does not act in any commercial interest. The Higher Regional Court ruled that Schrems can bring his own claims against Facebook Ireland in Vienna, which constituted 20 of the 22 claims in the lawsuit, but is unable to form a class action for procedural reasons. This limited Schrems to bringing only a \"model case\". The Oberlandesgericht allowed an appeal to the Austrian Supreme Court in the key matter of forming a class action under EU and Austrian law. Schrems filed the appeal on 2 November 2015. Schrems won the battle, in the sense that Higher Regional Court of Vienna confirmed the judgment of the Regional Court for Civil Law Matters and Schrems received the EUR 500 token judgment from Facebook, but the war continues, since in Schrems' words, the regional courts \"have not really dealt with many of the problems that this case raises.\" Specifically, while finding the Facebook violated DPD in this instance, they did not find against Facebook's assertion that it could use a contract of adhesion to define the limits of their data-handling obligations under the DPD. As of December 2020, Schrems referred the matter to the Austrian Supreme Court and hopes to take it onward to the European Court of Justice for a decisive judgment. 153554b96e