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While studying law during a semester abroad at Santa Clara University in Silicon Valley , Schrems decided to write his term paper on Facebook's lack of awareness of European privacy law, after being surprised by what the company's privacy lawyer, Ed Palmieri, said to his class on the subject. In February Richard Allan and another company executive flew to Vienna to debate these complaints with him that lasted six hours. He has never received a formal decision by the DPC and was denied access to all submissions by Facebook and the files of the case.
On europe-v-facebook. Schrems based his complaint on EU data protection law, which does not allow data transfers to non-EU countries unless a company can guarantee "adequate protection". The DPC rejected the complaint, saying that it was "frivolous and vexatious" and that there was no case to answer. He said that Irish law relating to privacy had effectively been pre-empted by European law and that the core issue was whether the relevant directives should be re-evaluated in the light of the subsequent entry into force of Article 8 protection of personal data of the Charter of Fundamental Rights of the European Union.
This executive decision by the European Commission was called into question by the Edward Snowden revelations. In essence Schrems therefore argued that the Safe Harbor system would violate his fundamental right to privacy , data protection and the right to a fair trial under the Charter of Fundamental Rights of the European Union.
Schima replied that he might consider closing down his Facebook account, if he had one. Bot delivered his opinion on 23 September He held the view that the Safe Harbor agreement was invalid and said that individual data protection authorities could suspend data transfers to third countries if they violated EU rights.
