Privacy activist Max Schrems, founder of the “Europe-v-Facebook” initiative, is known for his battles involving Internet social network giant Facebook. However, all the lawsuits he filed in Ireland haven’t led to meaningful outcomes, so far.
Therefore, Mr. Schrems now takes a different approach, by suing Facebook Ireland Ltd. This time he has filed suit in front of a court in his home country, Austria, and he asked the public to join him: it was possible for any Facebook user of age who is not located in the USA or Canada to join the legal battle against Facebook’s numerous alleged violations of European privacy laws. This is due to the fact that every Facebook user worldwide, living outside of the US or Canada, has a contract with Facebook Ireland Ltd. Mr. Schrems is claiming 500 Euro in symbolic damages per contributing joint plaintiff for alleged privacy violations such as Facebook contributing to NSA´s PRISM program, Graph Search, the Facebook app or third party tracking via “Like Buttons”.
Within just a few days, more than 25 000 people signed up at www.fbclaim.com in order to participate in the class action suit. This turned the initiative, almost overnight, into the largest privacy class action throughout Europe. It also forced Europe-v-Facebook to close the registration early, as every joint plaintiff has to be reviewed separately. However, one can still register as an interested person. Max Schrems and his team may later decide to add more registered users to the class action. Also, an increasing number of people who indicate they want to take part in the class action may strengthen the public position of Mr. Schrems and his team.
On 21 August, the group took their first successful step in the legal proceedings: the Vienna Regional Court ordered Facebook Ireland to respond to the class action within four weeks, with a possibility that thedeadline could get extended by four further weeks.
At the time as the court order was announced, already more than 35 000 additional individuals had registered at www.fbclaim.com.
Facebook class action: Registration for interested parties
Class action against Facebook attracts 60,000 users (21.08.2014)
Facebook needs to defend Austrian privacy violation case (22.08.2014)
Press Announcment: Class Action: Facebook ordered to submit counterstatement (21.08.2014)
Vienna Regional Court: Request for Facebook to respond (19.08.2014)
Facebook class action – FAQ
(Contribution by Josef Irnberger, EDRi-member Initiative für Netzfreiheit, Austria)