The advocate general of the European Court of Justice, Yves Bot, has said the mass transfer of online information by EU users of social media to the US by companies, including Facebook, is a breach of people's right to privacy and also violates EU Data Protection law. 

The recommendation follows a complaint made to the Irish Data Commissioner by Austrian law student Max Schrem regarding the transfer of data belonging to Facebook users to the US.

Today's recommendation found that while the "transfers of personal data are an important and necessary element of the transatlantic relationship", the "large-scale information-gathering programmes" in the US is "liable to infringe fundamental freedoms, in particular the right to privacy".

Speaking in a statement following the recommendation Mr Schrem said he was pleased with the result. He said it shows that years of hard work can pay off. 

Speaking to Today FM news Mr Schrem said despite his campaign for greater cyber privacy rights, he actively uses both Facebook and Twitter. He said there is an idea that if you don't like something than just don't use this. That idea does not work in a modern democratic society he said. 

Today's ruling is not binding - however in four out of five cases the European Court follows the reccomendation of the Advocate General.

Up until now US firms have been sending data back to the US- under the SafeGuard Agreement- today's recommendation would see this dismantled. Dr TJ McIntyre, a law lecturer from UCD  and chairperson of Digital Rights Ireland says long term this would be good news for citizens of the digital world. He said it would have a direct commericial on US firms based in Europe which will put pressure on the US government on introduce more effective rules for the use of personal data. 

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