NOYB

NOYB

NOYB is a European privacy advocacy group founded in 2017 that focuses on enforcement of data protection laws and strategic litigation. The organization operates from Vienna and engages with regulatory bodies, civil society, technology firms, and courts across the European Union, the European Court of Justice, and international venues. It frequently interacts with actors such as the European Commission, the Court of Justice of the European Union, and national data protection authorities in matters involving major technology platforms and transatlantic data transfers.

History

NOYB emerged in the context of landmark developments including the litigation leading to the 2015 decision of the Court of Justice of the European Union in the Schrems I case and later jurisprudence such as the Schrems II judgment. Its founding followed high-profile disputes involving companies such as Facebook, Google, and Microsoft, and institutions like the European Commission and the Irish Data Protection Commission. The organization’s founders had ties to cases brought before courts including the Austrian Administrative Court and the European Court of Human Rights, and its formation reflected broader movements exemplified by groups like the Electronic Frontier Foundation and Access Now.

Mission and Activities

The organization’s mission centers on enforcing rights under instruments such as the General Data Protection Regulation and the European Convention on Human Rights. It undertakes strategic litigation, files complaints with authorities including the Irish Data Protection Commission, the CNIL, and the Bundesbeauftragte für den Datenschutz und die Informationsfreiheit, and brings cases before tribunals such as the Courts of the European Union. Activities include legal research, public interest litigation involving entities like Amazon (company), Apple Inc., and Twitter, and advocacy at policymaking fora including the European Parliament and the Council of the European Union. The group collaborates with academic institutions like University of Vienna and NGOs such as Privacy International and Bits of Freedom.

Legal Actions and Cases

The group has been associated with cases concerning transatlantic arrangements like the EU–US Privacy Shield and mechanisms for data transfers involving companies such as Facebook Inc. and Google LLC. It has lodged strategic complaints under the General Data Protection Regulation against platforms including YouTube, Instagram, and WhatsApp, and has pursued litigation touching on directives such as the ePrivacy Directive and rulings from bodies like the European Data Protection Board. Cases have involved national agencies in countries including Ireland, France, Germany, Spain, and Austria, and courts up to the Court of Justice of the European Union. Some actions referenced enforcement decisions by regulators like the Data Protection Commission (Ireland) and administrative processes in jurisdictions such as Berlin and Paris.

Organizational Structure and Funding

The organization is led by legal and policy staff with backgrounds in litigation before courts such as the European Court of Human Rights and institutions including the Austrian Constitutional Court. It operates a board and advisory panels that include academics from universities like the University of Cambridge, the University of Oxford, and the London School of Economics, and cooperates with law firms active in litigation before the European Court of Justice. Funding sources include donations from individuals, grants from foundations such as the Open Society Foundations and philanthropic entities aligned with digital rights work like the Ford Foundation, as well as crowdfunding campaigns supported by communities associated with platforms like GitHub and Patreon. The organization has registered as an association under Austrian law and interacts with oversight bodies including the Austrian Wirtschaftsministerium.

Public Impact and Reception

The organization’s litigation and publicity campaigns have influenced rulings by the Court of Justice of the European Union and enforcement approaches by authorities including the Irish Data Protection Commission and national data protection agencies in France and Germany. It has been covered in media outlets such as The New York Times, The Guardian, Der Spiegel, Le Monde, and Die Presse, and has received commentary from legal scholars at institutions like Harvard Law School and Yale Law School. Responses range from support by civil society organizations including Amnesty International and Human Rights Watch to criticism by industry groups such as TechNet and trade associations representing firms like Uber Technologies and Airbnb, Inc.. Its work has affected policy debates in venues such as the European Council and forums like the International Conference of Data Protection and Privacy Commissioners.

Category:Privacy organizations Category:Organizations established in 2017