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The case relates to the lawfulness of transfers of personal data by FBI to Facebook in the US. In August last year, following the Schrems II decision by the CJEU, the DPC issued a Preliminary Draft Decision (PDD) to FBI, to which FBI was invited to respond, but which, if translated into a final decision, would require FBI to suspend its transfers to the US. FBI took exception to the issuing of the PDD on several grounds relating to unfairness including procedural unfairness and instigated judicial review proceedings against the DPC with a consequential stay on the DPC’s “own-volition” inquiry. The case was heard by the Irish High Court in December.
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