Facebook takes honest action against Irish privateness watchdog
Facebook’s honest action against the Knowledge Safety Charge will are attempting and maintain the corporate’s potential to transfer European electorate’ recordsdata to the US regardless of its lower privateness protections
Sebastian Klovig Skelton ,
Printed: 11 Sep 2020 17: 15
Facebook is seeking a judicial evaluate against the Irish Knowledge Safety Charge (DPC) after receiving a preliminary present from the privateness watchdog to hunch its recordsdata transfers to the US.
The social media huge lodged the papers ex parte within the Irish Excessive Court on 10 September, which would per chance now be asked to envision the validity and legality of the DPC’s preliminary ruling that Fashioned Contractual Clauses (SCCs) can no longer be former because the mechanism for transatlantic recordsdata transfers.
The European Court of Justice (ECJ) introduced the legality of SCCs into question when it ruled to strike down the Privateness Defend settlement in July, on the basis that it failed to be decided European electorate sufficient loyal of redress when recordsdata is restful by US intelligence companies.
Despite the indisputable fact that the ECJ came for the duration of SCCs had been restful legally legit, it ruled that corporations agree with a responsibility to be decided these they shared the records with granted privateness protections such as these contained in EU legislation.
Austrian licensed educated Max Schrems, who initiated the honest proceedings that ended in the ECJ’s landmark choice (colloquially identified as Schrems II), tweeted that Facebook’s choice to note a judicial evaluate “reveals (a) how they’re going to exercise every opportunity to dam a case, even earlier than there may per chance be a choice, and (b) how it is wholly illusionary to receive this kind of case by in a few weeks or months within the Irish honest map”.
Both NOYB and Facebook had been approached for statement but failed to acknowledge by the time of newsletter.
When approached about Facebook’s choice to note a judicial evaluate, the DPC educated Laptop Weekly it may per chance perchance well no longer be commenting at the present.
Further honest action against the DPC
In step with Schrems, his digital rights no longer-for-profit NOYB used to be no longer educated of the DPC’s choice to explain the preliminary present, which has now successfully paused the design of an ongoing complaint he acknowledged the regulator has already failed to behave on for seven years.
For this cause, NOYB has educated the DPC of its plans to file an interlocutory injunction for its “mismanagement” of the Facebook case.
“This restricted case by the DPC is terribly appealing, as Facebook has indicated in a letter from 19 August 2020 that (after the terminate of Safe Harbor, Privateness Defend and the SCCs) it is now counting on a fourth honest basis for recordsdata transfers: the alleged ‘necessity’ to outsource processing to the US below the contract with its users,” it acknowledged.
“This implies that any ‘preliminary present’ or ‘2d investigation’ by the DPC on the SCCs by myself will, genuinely, no longer dwell Facebook from arguing that its EU-US recordsdata transfers continue to be honest. In put collectively Article 49 (1b), GDPR shall be an acceptable honest basis for terribly restricted recordsdata transfers (shall we embrace, when an EU client is sending a message to a US client), but can no longer be former to outsource all recordsdata processing to the US,” acknowledged Schrems.
“We can on account of this fact maintain terminate the appropriate honest action in Ireland to be decided the rights of users are fully upheld – regardless of which honest basis Facebook claims. After seven years, all cards may per chance perchance well restful be keep on the desk.”
In step with an FAQ on the Schrems II judgment launched by the European Knowledge Safety Board (EDPB) on 23 July 2020, whether or no longer or no longer an organization can transfer basically based mostly on SCCs will count on the outcomes of their assessments, which agree with to maintain terminate into myth the circumstances of the transfer and any supplementary measures that chilly be keep in residing.
“The supplementary measures alongside with SCCs, following a case-by-case prognosis of the circumstances surrounding the transfer, would may per chance perchance well restful be decided US legislation would no longer impinge on the sufficient level of safety they guarantee,” it acknowledged.
“When you with reference to the conclusion that, taking into myth the circumstances of the transfer and that you may per chance perchance well presumably factor in supplementary measures, appropriate safeguards would no longer be ensured, you are required to hunch or terminate the transfer of personal recordsdata. Nonetheless, can agree with to you are intending to maintain transferring recordsdata regardless of this conclusion, it be vital to teach your competent supervisory authority.”
It added that, with reference to the necessity of transfers for the performance of a contract, corporations may per chance perchance well restful undergo in thoughts that non-public recordsdata can only be transferred when it’s completed so ‘every at times’.
It can perchance perchance well may per chance perchance well restful be established on a case-by-case basis whether or no longer recordsdata transfers may per chance perchance well be particular as “occasional” or “non-occasional”, it acknowledged.
“At the least, this derogation [of GDPR’s Article 49] can only be relied upon when the transfer is objectively wanted for the performance of the contract.”
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