The High Court of Ireland on Friday rejected Facebook’s bid to block an investigation that could potentially prevent data transfer from the European Union to the United States.
“I deny all the reliefs sought by (Facebook Ireland) and in the proceedings,” read a statement by High Court Judge David Barniwill, dismissing his challenge against the data protection commissioner’s decision to conduct the investigation. Dismiss the claims made. ”
Facebook’s European headquarters is the Irish capital, Dublin, and the DPC serves as the firm’s principal regulator in the European Union.
The US tech titan was not immediately available for comment when contacted by AFP regarding Friday’s news.
The Irish regulator launched its own investigation last summer after a European Union top court ruling on Facebook invalidated an important online data regime between Europe and the US.
“The DPC decided to launch a ‘will of its own’ investigation … to consider whether Facebook Ireland Ltd.’s action in the transfer of personal data relating to individuals in the European Union / European Economic Area is valid, and Whether there should be any corrective power should be exercised by the DPC in that regard, ”the court statement said.
‘Problematic’ transfers
The former EU decision in July 2020 stems from a legal complaint by Austrian activist Max Schrems, who in 2015 canceled the previous EU-US deal on which the tech giants depended on doing business.
The Shrems had forced the Irish regulator to try and stop transatlantic data transfers in the wake of the European Union’s decision.
Meanwhile, the DPC has tried for years to prevent such transfers, arguing that they were “inherently problematic” due to privacy concerns.
Facebook had objected to the DPC’s investigation, arguing that it had acted “illegally” in launching the investigation.
The US firm said the decision was made without supplementary guidance from the European Court of Justice or the European Data Protection Board.
The High Court statement said, “With the decision by the DPC to launch an investigation, Facebook Ireland raised the issue on several grounds.”
However, Judge Barnville rejected Facebook’s pleas.
Meanwhile Shremes speculated that such data transfers would be potentially blocked by the DPC within months.
“Irish regulator gets green light for investigation that could block Facebook data,” Schrems tweeted.
“Now (DPC) can get out of this door within two months after almost eight years of procedures,” he said.
New agreement?
However, Brussels and Washington are hoping to use the recent thaw to strike an agreement to allow the exchange of private data in the Atlantic.
Such a deal would replace previous agreements that were rejected by an EU court.
Facebook, Google, Microsoft and thousands of other companies want such a deal to keep internet traffic flowing without facing significant legal threats over European privacy laws.
Under the Landmark General Data Protection Regulation (GDPR), which came into force in 2018, social media users have a wide range of rights related to their data.
Regulators such as the DPC have been equipped with new powers, including the ability to impose fines of up to four percent of their annual global turnover to firms.
‘Problematic’ transfers
The former EU determination in July 2020 stems from an authorized complaint by Austrian activist Max Schrems, who canceled an earlier EU-US deal in 2015 that the tech giants relied on to trade.
The Shrems forced the Irish regulator to try to block transatlantic data transfers in view of the EU decision.
Meanwhile the DPC tried for years to prevent such transfers, arguing that they were “inherently problematic” due to privacy issues.
Facebook had objected to the DPC’s investigation, arguing that it had acted “illegally” in launching the investigation.
The US agency said the election was conducted without the supplementary guidance of the European Union Court of Justice or the European Data Protection Board.
“Facebook Ireland raised the issue on several grounds, with the DPC’s decision to launch an investigation,” the claim of the High Court is well-known.
However, Choose Barneyville rejected Facebook’s arguments.