Facebook faces class action lawsuit in Austria over privacy

Facebook is once again facing a European lawsuit in regards to the way it handles data and its users’ privacy.

Max Schrems, an Austrian law student and household name when it comes to anti-Facebook litigation, is bringing a new suit against the social networking giant in his home country of Austria. The suit, similar to a class action lawsuit in the United States, is trying to tackle the way Facebook tracks its users and shares their data with advertisers.

Schrems and many others who’ve joined the suit believe that Facebook is not respecting European privacy laws in many aspects. This includes involvement in the PRISM program, the fact that Facebook tracks anyone visiting a page with a “like” button on it, the “absence of effective consent to many types of data use” and so on.

Despite the fact that Austrian law doesn’t allow class action lawsuits per se, there is precedent to multiple claims being assigned to the same plaintiff. As such the suit is open to anyone who wants to join, as long as they are of age and not living in the US or Canada.

Schrems has been behind a number of lawsuits against Facebook in Ireland. Many tech companies adopt Ireland as their base of operations for Europe because of that country’s incredibly lenient tax policies.  While there Schrems’ lawsuits have had quite an impact on the social networking company, forcing them to reign in their facial recognition program, and to disclose more information when the relevant user asks for it.

Despite initial success tough, Schrems has come to the conclusion the Irish authorities are dragging their feet on these lawsuits, mainly because of political pressure to not alienate the tech giants currently residing there. As such Schrems have elected to file this new suit in Austria, where there are no such issues. And due to the way the EU works, an Austrian verdict would still apply to Facebook’s Irish operations.

As mentioned above, the lawsuit is open to anyone interested. All you have to do is fill out a form and provide a form of identification. However don’t expect a massive pay out at the end. Even if everything goes according to plan and the court does rule in favour of the plaintiff the paid damages will be small because this is about enforcing privacy rights and not money.

Source: Europe-v-Facebook via: GigaOM | Facebook Notifications image via Shutterstock

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15 Comments

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If you don't like Facebook then don't use it. Log on,delete every post and picture, then shut down your account. I fully understand that in cyberspace nothing is truly deleted but hey.... No one is forcing you to use it.

I have not posted on FB in over a year, and guess what... the world didn't end and I wasn't stoned.

There should be more of this activity against social media sites.
However, on the flip-size; why do otherwise intelligent people continue to have any expectation of privacy on the Internet? Social media sites have shown they won't keep your data private--after all, they have shareholders that need to be "fully serviced."

TsarNikky said,
However, on the flip-size; why do otherwise intelligent people continue to have any expectation of privacy on the Internet? Social media sites have shown they won't keep your data private--after all, they have shareholders that need to be "fully serviced."

Because it's the law. More than that, privacy is a fundamental human right.

M2Ys4U said,

Because it's the law. More than that, privacy is a fundamental human right.

I disagree. Privacy is something you have to take charge of and own. Its not something that is given to you. Expecting others to make it happen or to give it to you is irresponsible.

They also need to close all that T-Mobile junk! That's the one thing I can't stand, all of TMo's notifications on my phone. First thing I do is go in to each app and turn them off.

Timble said,
The person who took the screenshot needs to do something about their friend requests! :)

I wish I got that many friend requests :( ... and look he has 10 notifications. I always get excited if mine says 1

cork1958 said,
Cool!
Site is doing nothing but making people brain dead!

Nope, it is just a way for them to communitcate whatever "message" they have to share.

cork1958 said,
Cool!

Hope they get sued right out of existence! :x

Site is doing nothing but making people brain dead!


Facebook is about as good as your friends make it out to be. If it's making you brain dead, you might need some new friends. :laugh:

dead.cell said,

Facebook is about as good as your friends make it out to be. If it's making you brain dead, you might need some new friends. :laugh:

Correct. FB has been the best way to keep in touch with some of my friends not living near me. I have an adblocker so I don't see ads and I don't use any of their other services so its all good. I have about 30 "friends" on FB and only a few post regularly. Its also a great way to get a good mix of articles from Neowin, Sophos, Malwarebytes, and every other blog / newsletter I care about.

If you use it for friend stock I hate to tell you your using it wrong.