US Provides Weak Privacy Safeguards, EPIC Tells Irish High Court in Facebook Case

Interception and surveillance of EU citizens' personal data sent to the U.S. is allowed by laws in America and subject "to limited, if any, judicial oversight," said the Electronic Privacy Information Center Wednesday in a submission to the Irish High Court. It's hearing a case involving whether Facebook's use of standard contractual clauses (SCCs) provide adequate privacy protections for European citizens (see 1702060029). EPIC is one of several parties selected as amici curiae in the case, which may be referred to the European Court of Justice to decide the validity of SCCs in transferring data. EPIC said U.S. laws don't really provide "adequate safeguards" for such data and effective redress if there are violations. "Many of the privacy safeguards under U.S. law in fact operate to the exclusion of E.U. citizens situated outside the United States," said EPIC. Experts expect the ECJ, which invalidated the safe harbor agreement in October 2015 leading to the creation of Privacy Shield, will hear the case. The office of Irish Data Protection Commissioner Helen Dixon said in a recent update that the Irish court case, which began Feb. 7, may last until mid-March.