Austria's
highest court to decide whether to allow class action vs Facebook
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[November 23, 2015]
VIENNA (Reuters) - Austrian student
Max Schrems's attempt to bring a class-action lawsuit against Facebook
<FB.O> over its privacy policies will head to Austria's Supreme Court to
determine whether such collective legal action is allowed, his group
said on Monday.
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The law student has claimed 500 euros ($531) in damages each for
the more than 25,000 signatories to his lawsuit - the latest in a
series of European challenges to U.S. technology firms and their
handling of personal data.
At issue is whether the claims can be combined into one in Austrian
courts. An appellate court has let Schrems file a personal claim but
not allowed a class action to form, his Europe-vs-Facebook group
said.
"It would not make a lot of sense for the court or the parties
before it to file these claims as thousands of individual lawsuits,
which we can still do if a 'class action' is not allowed," Schrems
said in a statement.
"We therefore think that the 'class action' is not only legal but
also the only reasonable way to deal with thousands of identical
privacy violations by Facebook."
Facebook, whose international headquarters are in Ireland, has
denied any wrongdoing and sought to block a class action suit.
Ireland's High Court last month ordered an investigation into
Facebook's transfer of European Union users' data to the United
States to make sure personal privacy was properly protected from
U.S. government surveillance.
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The court told the Irish Data Protection Commissioner to launch a
probe following a landmark ruling by the European Court of Justice
last month which struck down the Safe Harbour agreement that had
allowed the free transfer of data between the European Union and the
United States.
(Reporting by Michael Shields; Editing by Mark Potter)
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