Skip to content
Support Us

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock/OlegDoroshin

'If I had done this in Ireland it would've taken 25 years' - Facebook Privacy Campaigner

Max Schrems has taken a €10 million class action lawsuit against the tech giant in his native Austria so as to avoid the ‘madness of the Irish courts’.

ONLINE PRIVACY ADVOCATE Max Schrems has told his court action against Facebook in Vienna that he was forced to take the action there in order to avoid ‘the madness of Irish courts’.

At a three hour preliminary hearing to the case proper, 27-year-old law graduate Schrems replied “I wouldn’t be done in 25 years, it’s madness,” when questioned as to why he had dropped his initial actions in Ireland.

I thought it could drag on for years without achieving anything.

The purpose of the preliminary hearing was to establish whether or not the Austrian court has jurisdiction to judge the class action given Facebook has its European headquarters in Dublin.

Europe Students vs Facebook Max Schrems Ronald Zak / PA Ronald Zak / PA / PA

Schrems’ €10 million class action suit has been joined by 25,000 other complainants, seven of whom were represented at the Vienna hearing.  Should the action be successful each complainant will be granted a ‘nominal’ compensation of roughly €500.

A further 55,000 complainants sit on a waiting list to join Schrems’ actions further along the line.  Via his group, Europe vs. Facebook, the privacy crusader encourages people to join his actions while updating them on his progress.

A member of Facebook since 2008, the Austrian is alleging that Facebook’s privacy standards are in breach of EU data protection law.

Schrems’ battle for his ‘fundamental rights’ is set in relief to the revelation by American National Security Agency (NSA) whistleblower Edward Snowden that American security services routinely receive users’ information from Facebook and other media companies.

Schrems had previously filed a number of claims with the Data Protection Commissioner in Ireland in 2011, but had retracted all but one in order to pursue his class action suit in the Austrian capital, where he lives.

The sole remaining Ireland-based case has been referred to the European Court of Justice (ECJ), whose ruling on same will be a ‘landmark decision’ which will ‘shape the fundamentals of privacy law in Europe for decades to come’ according to Digital Rights Ireland spokesman TJ McIntyre.

If the ECJ rules in favour of Schrems it would be a ‘potential near-disaster’ for tech firms like Facebook, Google and Microsoft who rely so heavily on European users’ personal data according to US academic Henry Farrell.

Farrell says that companies such as Facebook had so far chosen to set up in Ireland for tax reasons and “because they see Irish privacy officials as more flexible than their mainland European counterparts.”

European Facebook users agree terms with the company’s Irish entity when they sign up for the social network.

A positive result for Schrems at the ECJ could see American-European data relations thrown into disarray with the two global behemoths forced to redesign their privacy regulations in order to be compliant with the legal precedent set down by the European court.

Read: 25,000 people join privacy lawsuit against Facebook

Read: Twitter has banned revenge porn and doxxing

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
18 Comments
    Install the app to use these features.
    Mute little willy
    Favourite little willy
    Report
    Apr 30th 2013, 11:17 AM

    … but will the banks pass on the rate cut?

    61
    Install the app to use these features.
    Mute Begrudgy
    Favourite Begrudgy
    Report
    Apr 30th 2013, 11:54 AM

    Yes they will. They must increase the rate first for a few weeks before the cut kicks in reducing the rate to the same level it was last month. Only difference is banks get to borrow cheaper money.

    20
    Install the app to use these features.
    Mute Kerry Blake
    Favourite Kerry Blake
    Report
    Apr 30th 2013, 12:12 PM

    Have not our banks already announced an increase?

    19
    See 1 more reply ▾
    Install the app to use these features.
    Mute Simon Barnes
    Favourite Simon Barnes
    Report
    Apr 30th 2013, 4:02 PM

    so far AIB has , not sure about the rest of them

    4
    Install the app to use these features.
    Mute Irish Mule
    Favourite Irish Mule
    Report
    Apr 30th 2013, 11:17 AM

    Watch ebs and their mates will bang up their rates again once this happens, absolutely sickening

    53
    Install the app to use these features.
    Mute Patrice Auburn
    Favourite Patrice Auburn
    Report
    Apr 30th 2013, 11:25 AM

    What’s a tracker mortgage!

    39
    Install the app to use these features.
    Mute ciaran clarke
    Favourite ciaran clarke
    Report
    Apr 30th 2013, 11:45 AM

    I don’t understand APR

    10
    Install the app to use these features.
    Mute Andrew Telford
    Favourite Andrew Telford
    Report
    Apr 30th 2013, 11:21 AM

    A rate cut will hit tracker mortgages pushing them further below cost which our banks will have to compensate for with more current account fees, higher variable rate mortgages and will further increase the time until the taxpayer sees any bailout money… It’s giving with one hand and taking away with the other at this point.

    38
    Install the app to use these features.
    Mute Lord Loverocket
    Favourite Lord Loverocket
    Report
    Apr 30th 2013, 11:32 AM

    But doesn’t it mean the rate is lowered for our banks paying back loans to the ECB? Maybe I’m wrong on this….

    20
    Install the app to use these features.
    Mute Paul Martin
    Favourite Paul Martin
    Report
    Apr 30th 2013, 12:46 PM

    That was my understanding, although happy to be corrected.

    8
    Install the app to use these features.
    Mute tomas o beag
    Favourite tomas o beag
    Report
    Apr 30th 2013, 4:36 PM

    Funny that got my letter today from ebs saying rate has gone from 4.33 to 4.58 . This country can go and f€€k itself .

    12
    Install the app to use these features.
    Mute Nikolas Koehler
    Favourite Nikolas Koehler
    Report
    Apr 30th 2013, 11:39 AM

    Here’s a novel idea; the ECB should keep printing money; but rather than using it to shore up structural problems ( which doesn’t cause inflation ), they should print enough to maintain a EZ inflation rate of just over 2%. Inflation is too low in the EZ, it is hampering consumer spending and the probability of growth, and isn’t regulating inflation to stay at the most beneficial level one of the main functions of a Central Bank?

    12
    Install the app to use these features.
    Mute Michael
    Favourite Michael
    Report
    Apr 30th 2013, 12:51 PM

    Inflation is TOO LOW???

    You have to be kidding me. You must only care about the bankers and elite, not the poor and middle class.

    Disgusting

    Stop reading those Keynesian/Neoliberal econ books.

    6
    Install the app to use these features.
    Mute Nikolas Koehler
    Favourite Nikolas Koehler
    Report
    Apr 30th 2013, 1:11 PM

    @ Michael – get away from the “me too”-ism and look at the bigger picture.

    In times of very low inflation, there are very few incentives to spend your money, and a load of incentives to hoard your money. Normally, in times of low inflation, it makes far more sense to buy on credit rather than with cash.

    Currently, however, there is a very understandable aversion to credit, both from people who would normally seek credit, and, more importantly, from those who supply credit.

    So, low inflation + lack of credit sources = economic stagnation.

    A higher level of inflation ( not a high level, but higher than the disastrously low level we have no ) would have the dual effect of getting money moving and reducing the weight of the debt.

    High inflation will benefit debt-laden countries.

    Absolutely none of the above has to do with Keynes, so I’ve no idea where you pulled that out of ( although I could be crude and suggest from where you pulled it ).

    24
    See 5 more replies ▾
    Install the app to use these features.
    Mute Maurice Danaher
    Favourite Maurice Danaher
    Report
    Apr 30th 2013, 2:15 PM

    Low inflation is good for some ie people on fixed incomes, reduced pensions, reduced social welfare, those who have lost on bank shares and property. High inflation is good for the retail trade etc. Lets. keep inflation under control for the sake of those less fortunate with limited resources because they will suffer the most in times of high inflation. There has to be another solution to the problems being experienced by the retail trade which will be solved by growth and rising employment levels.

    8
    Install the app to use these features.
    Mute censored
    Favourite censored
    Report
    Apr 30th 2013, 7:44 PM

    No inflation? Ok, let’s keep trying our current deflation approach. See you in a few million years when you’ve got that sorted.

    1
    Install the app to use these features.
    Mute Nikolas Koehler
    Favourite Nikolas Koehler
    Report
    Apr 30th 2013, 9:49 PM

    @ Maurice – to be fair, we’re not talking about having high inflation. Two per cent is not high. While inflation would damage many people’s finances in one respect, I do believe a lot of the damage would be offset by the benefits in he mid-term.

    As it is, we’ve seen a rise in the cost of living at the same time as the rate of inflation has been dropping, so, in this case, cost of living and inflation are not directly in proportion to each other.

    Low inflation is a kiss of death for growth, and growth, including the jobs that go with it, what we desperately need.

    Much as it makes me squeamish to agree with Censored, he’s on the money with his comment.

    @ Censored – don’t worry, I won’t be making a habit of it :-)

    1
    Install the app to use these features.
    Mute Michael
    Favourite Michael
    Report
    May 1st 2013, 1:19 PM

    So the answer to my original question is yes. I’ll use isms in context like I always have.

    I don’t need to hear regurgitated rubbish from Krugman anymore please.

    Tell me why deflation is a bad thing? Because it strengthens the value of money? Because it gives people induced incomes a chance? Why must we always crush the poorer amongst us?

    You’ll come back at me with some academic answer, but the truth is that you logic is what is getting us deeper into this mess. 2007 is going to happen again soon

    1
    Install the app to use these features.
    Mute Nikolas Koehler
    Favourite Nikolas Koehler
    Report
    May 1st 2013, 1:35 PM

    @ Michael – you’re a bit of a strange bird. You name-drop academic economists when it’s irrelevant, and then dismiss “academic”replies. Seems to be a low self-esteem issue going on.

    I wrote above why I think low inflation is dangerous and a higher rate of inflation would be beneficial. You’re asking for an answer, but you don’t ask a question, so my original comments still stand.

    Chucking insults and being snotty does not a convincing economic argument make. Maybe actually read up a little on the economists and economic movements you name drop?

    1
    Install the app to use these features.
    Mute Rory Carey
    Favourite Rory Carey
    Report
    Apr 30th 2013, 11:34 AM

    Already have mortgage going up 40 euro a month from June

    12
    Install the app to use these features.
    Mute Nigel O Keeffe
    Favourite Nigel O Keeffe
    Report
    Apr 30th 2013, 11:29 AM

    should legislate on a max difference between variable /tracker…at the moment people are paying up to 4or 5 points over.2 should be about fair..
    what ya think.

    11
    Install the app to use these features.
    Mute Ian Walsh
    Favourite Ian Walsh
    Report
    Apr 30th 2013, 4:06 PM

    When did the cost of living steadily decline? I must have missed that **RAGE**

    10
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds