Luxembourg, Nov 14 (AFP) Austrian activist Max Schremscan sue Facebook over alleged privacy breaches, but cannotbring a class action lawsuit against the US social mediagiant, the adviser to the EU's top court said today.
Schrems is suing Facebook's Irish division in an Austriancourt for various alleged rights violations including trackingof user data and involvement in the US National SecurityAgency's PRISM surveillance programme.
He had also lodged cases on behalf of seven otherFacebook users in Austria, Germany and India.
Facebook had challenged the jurisdiction of the Austriancourts in the case, and argued that Schrems's professionalactivities on his account meant he was no longer a privateconsumer.
The advocate general to the European Court of Justicesaid in a legal opinion that Schrems "may be able to rely onhis consumer status in order to sue Facebook Ireland beforethe Austrian courts.""However, Schrems cannot rely on his consumer status withrespect to claims assigned to him by other consumers."The EU advocate general's legal opinions are often, butnot always, followed by the the ECJ's judges in their finaldecision.
Austria's Supreme Court had referred the matter to theECJ after Schrems's lawsuit was first thrown out and thenrestored by the country's courts.
Facebook welcomed the findings on the collective lawsuit.
"Today's opinion supports the decisions of two courtsthat Mr Schrems's claims cannot proceed as 'class action' onbehalf of other consumers in Austrian courts," a Facebookspokesman said in a statement to AFP.
Schrems is also suing Ireland's data protection regulatorover the transfer of personal information by Facebook fromEurope to the United States in a separate case beingconsidered by the ECJ.(AFP)AMS.
This is unedited, unformatted feed from the Press Trust of India wire.