Group says kept in the dark about Facebook case

An Austrian group fighting for clearer privacy policies on Facebook complained Monday that the Irish Data Protection Commissioner (DPC) was keeping it in the dark about proceedings.

“We have no access to the files against Facebook in Ireland,” student Max Schrems, who launched the initiative Europe-versus-Facebook, told journalists.

“We have absolutely no idea what Facebook’s arguments are, what the counter-arguments are to what we put forward.

“Although we are a party to these proceedings, we are as informed as the general public,” he added.

Schrems and Europe-versus-Facebook took matters last year to the DPC in Ireland, where Facebook’s European headquarters are located, complaining that the social networking website’s privacy policies infringed European law.

In December, the DPC said after a first audit that Facebook had to better explain to users what happens to their personal data and give them more control.

But following complaints that little had been done, a Facebook spokesman said in April that the DPC “did not at any time say that Facebook should amend its privacy policy based on European data protection rules.”

Schrems and his group have been seeking access to the files in the case since January, but to no avail.

Last week, “they (the DPC) told us they did not want to speak with us until further notice,” Schrems said, questioning how the data protection authority hoped to continue proceedings if it refused to speak with one of the sides.

In an emailed reaction to AFP on Monday, a DPC spokeswoman dismissed the criticism, insisting the authority had replied “continuously and extensively” to Europe-versus-Facebook’s queries and that it had “nothing to add to the answers… already provided.”

The DPC addressed Schrems’s concerns in its Facebook audit but did not conduct it solely because of his appeal, she insisted, noting that a full updated report would be published in late September or early October.

Schrems on Monday described the DPC — which counts about 20 civil servants, none of them specialised in privacy law — as “overwhelmed” by the case, adding he would travel to Ireland next week to try to resume contact with the authority.

He said Ireland’s legislation does not require the DPC to give parties to a case access to the files.

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