Court to rule on Facebook data sharing after Schrems drops legal challenge against Irish regulator

The Irish High Court will subject a judgment on a legal challenge by Facebook to overturn a draft choice by Ireland’s Data Protection Commissioner to droop the corporate’s data-sharing with the US.

The information follows a last-minute settlement between the privateness campaigner Max Schrems and the data regulator who have been due to be in courtroom right this moment.  

The choose, Justice Barniville, stated that he deliberate to decide on the case “as soon as possible,” pending different circumstances.

The courtroom was due to hear a legal challenge by Schrems, an Austrian lawyer primarily based in Vienna, against the Data Protection Commissioners (DCP)’s choice to subject the draft order against Facebook halting its data transfers to the US.

Schrems stated that he was involved that Helen Dixon’s draft choice against Facebook would lead to additional delays and adversely impact the regulator’s investigation into his personal complaints into Facebook.

He additionally claimed the DPC’s inquiry, which the regulator took of its “own volition,” would fail to absolutely look at the legal grounds that Facebook is relying on to switch data from the EU to the US.

Schrems resolved his case against the DPC on 13 January following an change of letters agreeing how Schrems grievance can be addressed, avoiding the necessity for a listening to.

The privateness activist first filed a grievance to the DPC against Facebook in 2013, amended in 2015, which has but to attain a decision.

Schrems argues that the social media firm is in breach of data safety legislation by exporting data on European residents to the US. He claims that European data is topic to mass surveillance by the US National Security Agency with few legal safeguards to defend the privateness of EU residents.

Facebook sues Irish data regulator

Facebook started its personal proceedings against the DPC in August 2020 after the regulator disclosed it had made a draft choice that Facebook Ireland mustn’t switch private data out of the EU to its American mother or father Facebook Inc.

The DPC stated Facebook’s data transfers failed to assure a stage of safety to data topics equal to these supplied for in EU legislation.

The draft order adopted a landmark judgement from the Court of Justice of the European Union in July 2020, which struck out  the EU-US Privacy Shield settlement.

On Wednesday [13 January 2021] legal professionals representing Schrems, stated the inquiry into Schrems’ grievance is to proceed as outlined in a letter from the DPC of January 12th 2021. This implies that the courtroom didn’t have to resolve  the problems in Mr Schrems case other than prices.

Mr Justice Barniville agreed to adjourn the Schrems case till after he has delivered judgment on the Facebook case.

He stated he hoped to give judgment as quickly as doable however he had numerous different judgments to put together and ship first.

Earlier the choose stated that he had obtained witness assertion on behalf of the DPC and Facebook relating to the variety of inquiries undertaken by the DPC of its personal volition, since 2018 .

The courtroom heard that the DPC had undertaken 83 “own volition” inquiries of which 27 have been cross-border inquiries. Facebook was a celebration to 11 of the cross-boarder inquiries.

The solely excellent subject in his proceedings relate to legal prices. The events  have agreed that prices may be determined by Justice Barniville following the supply of his judgment in Facebook’s case. 

Schrems says ‘walls closing in’ on Facebook

Following an settlement with the DPC, Schrems stated the DPC’s inquiry into Facebook would hear his representations and that may additionally obtain copies of all submissions by Facebook, if the courtroom permits the DPC’s draft order to go forward.

He stated in a press release that the “walls were closing in” on the social media firm. “Multiple courts have now held that the DPC must investigate this complaint”.

Gerard Rudden, solicitor for Schrems stated that the DPC has largely agreed with Max Schrems that Facebook can’t proceed transferring data to the US.

“When it comes to the question of whether Facebook can continue to transfer data to the US, the DPC has largely been in agreement with us before the Courts,” he stated.

“It repeatedly took the firm view that Facebook cannot continue to transfer EU data to the US. However, the DPC has not issued a decision to that effect in 7.5 years.”

Schrems stated that the DPC and had additionally agreed that the case could be handled beneath GDPR moderately than the Irish Data Protection Act that was in pressure earlier than 2018.

Max Schrems’ lengthy battle with Facebook 

26 July 2000: The European Commission makes a decision to permit data transfers between the EU and the US between organisations that self-certify as being compliant beneath Safe Harbour. European regulators have the precise to droop data transfers if the rules of Safe Harbour are breached.

25 June 2013: Max Schrems makes a formal complaint to the Irish Data Protection Commission against Facebook Ireland. He cites possible trigger that Facebook is breaking the Irish Data Protection Act and the European Data Protection Directive by offering “mass access” to data on European residents to the NSA.

25 July 2013: The Data Protection Commission Ireland rejects Schrems’ grievance, arguing it’s frivolous and vexatious.

18 June 2014: In the Irish High Court, choose Desmond Hogan asks the European Court of Justice to decide whether or not the Irish Data Protection Commission is sure by the Safe Harbour Agreement. The judgment discovered that the US routinely accesses private data on a “mass and undifferentiated basis”.

6 October 2015: The Court of Justice rules that the Safe Harbour settlement that allowed EU-US data transfers is invalid, following Schrems’ grievance.

20 November 2015: Facebook Ireland signs an agreement with Facebook Inc to switch data on Facebook’s European prospects to the US utilizing normal contractual clauses (SCCs), as a substitute to Privacy Shield.

1 December 2015: Schrems files an updated complaint with the Irish DPC. He asks the Irish data safety commissioner to make a ruling prohibiting transfers of data between Facebook Ireland and Facebook Inc within the US on the grounds that Facebook Inc is illegally making his data accessible to US intelligence by means of the Prism assortment program.

7 February 2017: The Data Protection Commission Ireland begins legal motion within the business courtroom in Dublin against Facebook and Schrems. Helen Dixon argues that the courtroom ought to require the European Court of Justice to determine if transatlantic data switch channels breach privateness rights of EU residents. The US authorities argues that the case might have sweeping business ramifications.

3 October 2017: The Irish High Court decides to ask the ECJ to rule over the validity of data transfers between the EU and the US.

12 April 2018: The Irish High Court proposes 11 questions for dedication by the European Court of Justice that can take a look at whether or not corporations can legally switch data to the US within the mild of disclosures by Edward Snowden that the US is engaged in large-scale surveillance of EU residents.

9 May 2018: The Irish High Court refers 11 questions over the validity of SCCs and Privacy Shield to the ECJ.

1 November 2018: Facebook makes an unprecedented attraction to the Irish Supreme Court in an try to halt the Irish High Court referring questions over the validity of EU-US data switch agreements to the European Court of Justice.

21-23 January 2019: The Supreme Court in Dublin hears a three-day attraction from Facebook against a choice by the Irish High Court to refer 11 questions concerning the legality of data transfers between Europe and the US to the ECJ, during which the US authorities provides proof. The Irish Data Protection Commission argues that Facebook is making an attempt to head off an antagonistic discovering by the European courtroom that SCCs are unlawful.

12 December 2019: The Advocate General Henrik Saugmandsgaard Øe finds in a main opinion that normal contractual clauses are lawful, however raises questions over the impression of US surveillance on the legality of Privacy Shield.

27 June 2020: Schrems’ legal professionals write to the Irish data safety commissioner demanding that she units out a transparent timetable for the regulator to decide on the legality of Facebook Ireland’s switch of EU residents’ data to Facebook within the US.

16 July 2020: Europe’s highest courtroom strikes out the EU-US Privacy Shield settlement, overturning the legal foundation that permits greater than half one million US corporations to change data with Europe.

23 July 2020: The European Data Protection Board (EDPD) issues guidelines on the usage of Standard Contractual Clauses as a legal mechanism to ship data abroad, advising corporations to undertake a case by case evaluation and to take into account what supplementary measures might be put in place to mitigate privateness. 

August 2020: The Irish Data Protection Commissioner sends Facebook a preliminary order to cease transferring data from the EU to the US.

12 August 2020: The EU and the US start talks over a doable successor to the Privacy Shield settlement that might put data-sharing between the EU and the US on a legal footing

19 August 2020: Facebook suggests in a letter that, after the European Court of justice struck down Privacy defend and raised questions concerning the lawfulness of Standard Contractual Clauses, it’s relying on a brand new legal foundation to share data with the US: the need to course of data within the US beneath a contract with its customers.

9 September 2020: Nick Clegg, Facebook’s VP of Global Affairs and Communications, warns in a blog post that the Irish Data Protection Commissioners draft order to droop data sharing with the US might have far reaching results on companies that rely on SCCs and on on-line providers typically.

10 September 2020: Facebook information a judicial overview against the Irish Data Protection Commissioner, difficult a preliminary order requiring Facebook to suspends data transfers to the US.





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