Facebook takes honest action in opposition to Irish privateness watchdog
Facebook’s honest action in opposition to the Recordsdata Protection Commission will try to shield the firm’s ability to transfer European voters’ records to the US despite its decrease privateness protections
Sebastian Klovig Skelton ,
Revealed: 11 Sep 2020 17: 15
Facebook is calling for a judicial evaluation in opposition to the Irish Recordsdata Protection Commission (DPC) after receiving a preliminary articulate from the privateness watchdog to suspend its records transfers to the US.
The social media big lodged the papers ex parte in the Irish High Court docket on 10 September, which is enthralling to now be asked to take a look at the validity and legality of the DPC’s preliminary ruling that Fashioned Contractual Clauses (SCCs) can no longer be old faculty because the mechanism for transatlantic records transfers.
The European Court docket of Justice (ECJ) brought the legality of SCCs into search data from when it ruled to strike down the Privateness Protect settlement in July, on the postulate that it did no longer manufacture obvious European voters adequate factual of redress when records remains to be by US intelligence services and products.
Even even if the ECJ found SCCs had been amassed legally true, it ruled that corporations discover a responsibility to manufacture obvious these they shared the records with granted privateness protections an identical to these contained in EU law.
Austrian prison professional Max Schrems, who initiated the honest lawsuits that ended in the ECJ’s landmark determination (colloquially is named Schrems II), tweeted that Facebook’s determination to spin seeking out a judicial evaluation “shows (a) how they’ll use every opportunity to block a case, even earlier than there is a determination, and (b) how it’s wholly illusionary to fetch this kind of case by technique of in just a few weeks or months in the Irish honest scheme”.
Both NOYB and Facebook had been approached for comment but did no longer respond by the time of e-newsletter.
When approached about Facebook’s determination to spin seeking out a judicial evaluation, the DPC instructed Pc Weekly it wouldn’t be commenting right now.
Additional honest action in opposition to the DPC
Consistent with Schrems, his digital rights no longer-for-income NOYB used to be no longer told of the DPC’s determination to arena the preliminary articulate, which has now effectively paused the plot of an ongoing criticism he said the regulator has already did no longer act on for seven years.
For this design, NOYB has told the DPC of its plans to file an interlocutory injunction for its “mismanagement” of the Facebook case.
“This minute case by the DPC is extraordinarily provocative, as Facebook has indicated in a letter from 19 August 2020 that (after the pause of Safe Harbor, Privateness Protect and the SCCs) it’s now relying on a fourth honest foundation for records transfers: the alleged ‘necessity’ to outsource processing to the US under the contract with its customers,” it said.
“This implies that any ‘preliminary articulate’ or ‘2nd investigation’ by the DPC on the SCCs alone will, if truth be told, no longer discontinue Facebook from arguing that its EU-US records transfers proceed to be honest. In practice Article 49 (1b), GDPR is more probably to be an acceptable honest foundation for terribly minute records transfers (as an example, when an EU user is sending a message to a US user), but can no longer be old faculty to outsource all records processing to the US,” said Schrems.
“We’ll have the option to resulting from this fact take the particular honest action in Ireland to manufacture obvious that the rights of customers are fully upheld – no topic which honest foundation Facebook claims. After seven years, all cards discover to be do on the table.”
Consistent with an FAQ on the Schrems II judgment released by the European Recordsdata Protection Board (EDPB) on 23 July 2020, whether or no longer or no longer a firm can transfer essentially essentially based on SCCs will count on the effects of their assessments, which discover to discover in suggestions the instances of the transfer and any supplementary measures that wintry be do in build.
“The supplementary measures at the side of SCCs, following a case-by-case diagnosis of the instances surrounding the transfer, would discover to manufacture obvious that US law does no longer impinge on the adequate level of security they guarantee,” it said.
“Whenever you attain to the conclusion that, taking into yarn the instances of the transfer and doable supplementary measures, appropriate safeguards wouldn’t be ensured, you are required to suspend or pause the transfer of personal records. On the opposite hand, as soon as you happen to are desiring to assist transferring records despite this conclusion, you desire to insist your competent supervisory authority.”
It added that, with regard to the necessity of transfers for the performance of a contract, corporations ought to endure in suggestions that non-public records can simplest be transferred when it’s performed so ‘as soon as in a whereas’.
It can presumably discover to be established on a case-by-case foundation whether or no longer records transfers would be particular as “occasional” or “non-occasional”, it said.
“Whatever the total lot, this derogation [of GDPR’s Article 49] can simplest be relied upon when the transfer is objectively important for the performance of the contract.”
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