NSA Spy Scandal: Europe's High Court Will Look at Facebook's Possible Role in NSA Spying - by Carol Matlack

Did Facebook (FB) illegally let the U.S. National Security Agency spy on its European users? That question is to be considered by the European Union’s highest court, after an Irish judge questioned whether data that the social network transferred from Europe to its U.S. servers might have fallen into the hands of the spy agency.

In a ruling today, Irish High Court Judge Gerard Hogan asked the European Court of Justice to decide whether Irish regulators should investigate the data transfers, which have been permitted under a transatlantic agreement that assumes U.S. privacy protections are comparable to those in the EU.

 Privacy advocates, led by an Austrian law student named Max Schrems, contend that Edward Snowden’s revelations about the NSA’s Prism program showed that the agency conducted “mass and largely unsupervised surveillance” of Facebook users’ data.

Schrems took Ireland’s national data regulator to court after it refused to consider his complaint and dismissed his arguments as “frivolous and vexatious.” But Judge Hogan said Snowden’s disclosures had “exposed gaping holes in contemporary U.S. data protection practice” that could undermine the U.S.-EU agreement.

He asked the European court to determine whether an investigation of Facebook’s data transfers was warranted in light of the disclosures. The case was filed in Ireland because Facebook’s European operations are headquartered there.

Read more: Europe's High Court Will Look at Facebook's Possible Role in NSA Spying - Businessweek