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Facebook loses challenge over DPC s draft decision on data transfers

  A High Court judge has dismissed Facebook’s challenge over the Data Protection Commissioner’s (DPC) draft decision to inquire into, and to suspend, data transfers by FacebookIreland to the United States. Mr Justice David Barniville ruled on Friday that Facebook had not established any basis for impugning the commissioner’s decision to commence the inquiry or her preliminary draft decision on the suspension. Final orders will not be made until the sides have considered the judgment and a stay continues on the disputed decisions. In his 197-page judgment dismissing the case, the judge rejected claims by Facebook that the DPC was in breach of its duty of candour in how the case was defended. However, the DPC should have answered certain questions raised on behalf of Facebook in correspondence of October 29th, 2020, he said.

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