European Court Adviser Says Facebook Privacy Class Action Barred

The opinion of a key adviser to the European Court of Justice holds that a class action cannot proceed against Facebook, but would permit individual privacy claims to move forward. The class action of 25,000 consumers brought by Austrian privacy activist and EPIC Advisory Board member Max Schrems alleges Facebook violated Europeans' privacy rights, including for transferring data to the U.S. intelligence community. The opinion from Advocate General Bobek said a "consumer cannot invoke, at the same time as his own claims, claims on the same subject assigned by other consumers," citing the risk of consumers shopping for the most favorable forums. The European Court of Justice typically adopts the opinions of the Advocate General. The Court of Justice will also consider DPC v. Facebook, involving whether Facebook's data transfers from Ireland to the U.S. violate European Fundamental Rights. In 2013, Max Schrems received the EPIC International Champion of Freedom Award.

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