European Court of Justice Grants Standing to Privacy Advocate But Bars Class Action under Austrian Law

The Court of Justice of the European Union, following an advisory opinion, has determined that Max Schrem's class action in Austria cannot proceed against Facebook, but individual privacy claims can. The Court granted Schrems standing, recognizing that "the activities of publishing books, giving lectures, operating websites," and similar activities does not entail the loss of "a user's status as a 'consumer.'" However, the Court found that "the consumer forum cannot be invoked" in "claims assigned by other consumers." The class action of 25,000 consumers brought by Austrian privacy activist and EPIC Advisory Board member Max Schrems alleges that Facebook violated Europeans' privacy rights, including for transferring data to the U.S. intelligence community. Max Schrems recently launched NYOB to pursue class actions under the General Data Protection Regulation. In 2013, Max Schrems received the EPIC International Champion of Freedom Award.


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