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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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12h | Antony Savvas Facebook could be prevented from sending the data it generates in Europe back to the US for processing, after the latest judgement on its data handling.
Ireland s High Court has been dealing with a case stemming from concerns in the European Union that US government surveillance does not respect the privacy rights of EU citizens, when their personal data is sent to the US for commercial use - including targeted advertising around Facebook services.
Ireland s Data Protection Commissioner (DPC) - which is Facebook s lead regulator in the European Union - launched an inquiry last August and issued a provisional order that the main mechanism Facebook uses to transfer EU user data to the US “cannot in practice be used”.