Facebook takes advantage of Brexit to move all UK users onto US privacy agreements

Privacy row over Facebook plans to shift oversight of British users’ data to the US after Brexit amid fears it could make it easier for American intelligence agencies to spy on them

  • UK Facebook customers will be moved over to US-based user agreements  
  • It’ll happen next year after Brexit and follows similar announcement by Google 
  • Privacy experts fear it could expose users to surveillance by US intelligence
  • Tory MP Damian Collins said: ‘Although the legal protections for UK citizens’ data will still apply, how easy will they be to enforce when it is being processed in US?’
  • European Union’s digital privacy laws are far stricter than those in the US 

Facebook should not be trusted with protecting UK users when their data is moved to its US headquarters after Brexit because the social network is more interested in profits than privacy, a leading Tory told MailOnline today.

Damian Collins, former chairman of the Culture, Media and Sport Select Committee, believes that British Facebook users should have grave concerns about the plan announced by Mark Zuckerberg’s social media behemoth this morning.

He said: ‘For years Facebook has gathered as much data about people as it can, with as little transparency as possible, to maximise its profits. Can we trust it now when our data is transferred to their California headquarters?’ 

From next year the social network’s US team will take control of legal responsibilities for UK users from next year, shifting away from stricter current EU-based user agreements. Google made the same decision in February.  

UK users are currently overseen by Facebook Ireland in Dublin as part of the EU but this will switch to Facebook Inc in California once the Brexit transition period is over  on January 1. 

Privacy experts have raised fears that the change could also expose users to surveillance by US intelligence agencies or data requests from law enforcement. 

Tory MP Mr Collins told MailOnline: ‘We should have big concerns about this decision from Facebook. Although the legal protections for UK citizens’ data will still apply, how easy will they be to enforce when it is being processed in the USA?’. 

Pressure group The Real Facebook Oversight Board said sarcastically today: ‘Oh look! Facebook is so concerned with privacy that it will move UK users to California terms now that EU has published plans to protect the privacy of its residents! Why would they do that?’ 

It comes as the EU attempts to clamp-down on the tech giants by forcing the likes of Facebook and Google to reveal how much advertising cash is passed onto publishers.

Facebook's team in the US will take control of legal responsibilities for UK users from next year

Facebook's team in the US will take control of legal responsibilities for UK users from next year

Facebook’s team in the US will take control of legal responsibilities for UK users from next year

MP Damian Collins has questioned Facebook's motives for moving UK users to California terms, avoiding EU privacy rules, saying Mark Zuckerberg's company is more focussed on profits

MP Damian Collins has questioned Facebook's motives for moving UK users to California terms, avoiding EU privacy rules, saying Mark Zuckerberg's company is more focussed on profits

MP Damian Collins has questioned Facebook's motives for moving UK users to California terms, avoiding EU privacy rules, saying Mark Zuckerberg's company is more focussed on profits

MP Damian Collins has questioned Facebook's motives for moving UK users to California terms, avoiding EU privacy rules, saying Mark Zuckerberg's company is more focussed on profits

MP Damian Collins has questioned Facebook’s motives for moving UK users to California terms, avoiding EU privacy rules, saying Mark Zuckerberg’s company is more focussed on profits

How tech giants prefer the US’ ‘weaker’ privacy rules after congress agreed legislation to overrule the EU’s stricter GDPR laws 

Facebook’s UK users will remain subject to UK privacy law, which for now tracks the European Union’s General Data Protection Regulation (GDPR), adopted in 2016.

But in 2018 the US Congress agreed the Clarifying Lawful Overseas Use of Data (CLOUD) Act, which overrules it.

In addition, the U.S. Cloud Act also set a way for the UK and United States to more easily exchange data about cloud computing users.

Critics say that US privacy rules are weighted far more in favour of Silicon Valley than consumers. 

Privacy advocates fear the UK may move to an even looser data privacy regime, especially as it pursues a trade deal with the United States, which offers far fewer protections. Some also worry that UK Facebook users could more easily be subject to surveillance by U.S. intelligence agencies or data requests from law enforcement.   

Facebook is making the change partly because the EU privacy regime is among the world’s strictest, according to people familiar with the company. 

This is because EU rules give granular control to users over data about them. 

Explaining the difference, Robert E.G. Beens is the Co-Founder and CEO of Startpage, told Forbes in July: ‘I believe many big tech companies have an immense economic interest in making sure any online privacy regulations are weak and do not limit their business models too much because knowledge, to them, can also equal power.

‘There are big structural differences between the EU and the U.S. In the EU, the centre of gravity is Brussels, where many politicians from all EU countries meet in order to work and advance together toward concrete results.

‘The U.S. economic centre of gravity is Silicon Valley. When you think about all the personal data that big tech companies can provide to U.S. government intelligence agencies, it’s not surprising that there was a ‘long history of close cooperation’ between them and intelligence agencies’ offices’. 

Advertisement

There are concerns the UK may move to a looser data privacy regime post-Brexit, especially as it pursues a trade deal with the US, which offers fewer protections. 

Facebook’s decision comes as the UK is escalating efforts to ban strong encryption, which the American firm is moving to implement on all its products.

The UK, like the EU, is also pressuring Facebook and its founder Mark Zuckerberg on a number of other fronts, including hate speech and terrorism policies.  

Jim Killock, boss of the UK-based non-profit Open Rights Group, said: ‘The bigger the company, the more personal data they hold, the more they are likely to be subject to surveillance duties or requirements to hand over data to the US government.

‘Moving data out of the EU makes it harder to enforce your privacy rights. It means European actions to limit the power of the tech giants will not apply to UK citizens. 

‘It means the UK Information Commissioner’s Office will need to be pushed to make the same decisions when companies break the law. 

‘And it means those tech giants can lobby for weaker UK rules to ensure they can get away with things in the UK that they cannot in the EU.’

EU-wide General Data Protection Regulation (GDPR) rules which require firms to protect people’s data and privacy are among the strictest in the world.

Facebook said it will follow UK GDPR from 2021 and there will be no change to the privacy controls or services it currently offers.

The change – initially revealed to Reuters by sources briefed on the matter before Facebook confirmed it – follows a similar move announced in February by Google.

The two firms both currently have European head offices in Dublin, but Brexit will change the UK’s legal relationship with Ireland, which remains in the EU.

A spokesman for Facebook’s UK arm said: ‘Like other companies, Facebook has had to make changes to respond to Brexit and will be transferring legal responsibilities and obligations for UK users from Facebook Ireland to Facebook.

‘There will be no change to the privacy controls or the services Facebook offers to people in the UK.’

Facebook is making the change partly because the EU privacy regime is among the world’s strictest, according to people familiar with the company.

The EU rules give users granular control over the use of their personal data.

The US Cloud Act, passed in 2018, set a way for the UK and US to more easily exchange data about cloud computing users.

US courts have held that constitutional protections against unreasonable searches do not apply to non-citizens overseas.

UK information industry regulators said they had been in touch with Facebook along with companies keeping European headquarters as Brexit nears. 

Facebook will shift all its users in the UK into user agreements with the California headquarters

Facebook will shift all its users in the UK into user agreements with the California headquarters

Facebook will shift all its users in the UK into user agreements with the California headquarters

Q&A on Facebook’s plans to move user agreements to the US 

What is the current situation?

The user agreements of Facebook users in the UK are currently overseen by Facebook Ireland as part of the EU-based user agreements.

What will change?

The social network’s US team will take control of legal responsibilities for UK users from next year.

Why are they doing it now?

It’s in response to Brexit which will change the UK’s legal relationship with Ireland, which remains in the EU.

Will there be any change to privacy controls?

Facebook says there will be ‘no change to the privacy controls or the services Facebook offers to people in the UK’.

Are EU privacy rules stricter than in the US? 

Yes. EU-wide General Data Protection Regulation rules requiring firms to protect people’s data and privacy are among the strictest in the world. 

Have Google done the same?

Yes. Google confirmed in February that it would be moving its British users out of Irish jurisdiction and placing them under US jurisdiction instead.

Is Twitter also doing the same?

No. A Twitter spokesman said its UK users will continue to be handled by the company’s Dublin office.

Advertisement

A spokesman at the Information Commissioner’s Office: ‘We are aware of Facebook’s plans and will continue to engage with the company in the new year.’

Facebook will inform its users of the shift in the next six months, a spokesman said, giving them the option to stop using the world’s largest social network and its Instagram and WhatsApp services.

The United States may also pursue new laws on privacy and social media content, and federal and state prosecutors recently launched antitrust lawsuits against both Facebook and Alphabet Inc’s Google.

Still, tech lobbyists expect that US tech regulations will remain more industry-friendly than those in the UK.

A Twitter spokesman said its UK users will continue to be handled by the company’s Dublin office.

Facebook could be forced to reveal how much advertising cash is passed onto publishers in EU clampdown on big tech 

The EU could force Facebook and Google to reveal how much advertising cash is passed onto publishers.

The Digital Services Act (DSA) is aimed at making the Internet a ‘safe, reliable, secure space’ where people can trust what they read.

It proposes one standard of transparency for content moderation and advertising across the EU, as well as standards for the removal of illegal content, in an unprecedented clampdown on the tech giants.

The likes of Facebook would also have to provide information to users explaining why they are targeted by each ad and who paid for it, and state whether content is sponsored or posted by other users on the platforms.

European Publishers Council executive director Angela Mills Wade called the proposals a ‘really important moment for the future of the independent news media and for democracy in Europe’.

‘They take a targeted approach to regulating the mega platforms, seek to inject fairness, transparency and competition into the digital single market and to tackle the important issues of liability and self-preferencing,’ she added.

‘These new rules of the game including major changes for advertising and data, should give a huge boost to innovation and go some way to correcting the harmful market consolidation that has negatively impacted Europe’s media and information landscape.’

However the European Newspaper Publishers’ Association and European Magazine Media Association said they had expected ‘more concrete and far-reaching proposals on regulating the market behaviour of market dominant gatekeepers in the Digital Market Act’.

On Tuesday the UK proposed its own online safety plan which would introduce powers to fine big tech millions if they fail to combat ‘misinformation’.

Advertisement

Advertisement

Loading

Leave a Reply

Your email address will not be published. Required fields are marked *

Follow by Email
Pinterest
LinkedIn
Share