Europe Versus Facebook: An Imbroglio of EU Data Protection Issues

Abstract

In this paper, the case Europe versus Facebook is presented as a microcosm of the modern data protection challenges that arise from globalization, technological progress and seamless cross-border flows of personal data. It aims to shed light on a number of sensitive issues closely related to the case, which namely surround how to delimit the power of a European Data Protection Authority to prevent a specific data flow to the US from the authority of the European Commission to find the entire EU-US Safe Harbor Agreement invalid. This comment will also consider whether the entire matter might have been more clear-cut if Europe-versus-Facebook had asserted its claims against Facebook US directly pursuant to Article 4 of the EU Data Protection Directive, rather than through Facebook Ireland indirectly under the Safe Harbor Agreement.