Facebook takes unbiased action in opposition to Irish privacy watchdog
Facebook’s unbiased action in opposition to the Knowledge Protection Price will strive to withhold the firm’s capability to transfer European electorate’ data to the US despite its lower privacy protections
Sebastian Klovig Skelton ,
Printed: 11 Sep 2020 17: 15
Facebook is looking out out for a judicial overview in opposition to the Irish Knowledge Protection Price (DPC) after receiving a preliminary verbalize from the privacy watchdog to suspend its data transfers to the US.
The social media huge lodged the papers ex parte within the Irish High Court docket on 10 September, that could also unbiased now be asked to envision the validity and legality of the DPC’s preliminary ruling that Customary Contractual Clauses (SCCs) cannot be broken-down because the mechanism for transatlantic data transfers.
The European Court docket of Justice (ECJ) introduced the legality of SCCs into attach aside a matter to when it dominated to strike down the Privacy Defend settlement in July, on the foundation that it did now not be determined that European electorate ample honest of redress when data is gentle by US intelligence services.
Even though the ECJ found SCCs had been unexcited legally real, it dominated that corporations maintain a duty to be determined that those they shared the data with granted privacy protections equivalent to those contained in EU legislation.
Austrian attorney Max Schrems, who initiated the unbiased proceedings that resulted in the ECJ’s landmark possibility (colloquially identified as Schrems II), tweeted that Facebook’s possibility to conception a judicial overview “exhibits (a) how they’ll use every replacement to block a case, even sooner than there is a possibility, and (b) the plan in which it is wholly illusionary to fetch this kind of case thru in a pair of weeks or months within the Irish unbiased machine”.
Both NOYB and Facebook had been approached for comment however did now not answer by the time of publication.
When approached about Facebook’s possibility to conception a judicial overview, the DPC told Pc Weekly it would no longer be commenting at the moment.
Further unbiased action in opposition to the DPC
In accordance with Schrems, his digital rights no longer-for-profit NOYB modified into as soon as no longer informed of the DPC’s possibility to whisper the preliminary verbalize, which has now successfully paused the technique of an ongoing grievance he stated the regulator has already did now not act on for seven years.
For this cause, NOYB has informed 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 fascinating, as Facebook has indicated in a letter from 19 August 2020 that (after the stop of Catch Harbor, Privacy Defend and the SCCs) it is now counting on a fourth unbiased basis for data transfers: the alleged ‘necessity’ to outsource processing to the US beneath the contract with its users,” it stated.
“This implies that any ‘preliminary verbalize’ or ‘2d investigation’ by the DPC on the SCCs by myself will, genuinely, no longer discontinuance Facebook from arguing that its EU-US data transfers proceed to be unbiased. In put collectively Article 49 (1b), GDPR could also unbiased be a suitable unbiased basis for extremely restricted data transfers (let’s command, when an EU particular person is sending a message to a US particular person), however cannot be broken-all the vogue down to outsource all data processing to the US,” stated Schrems.
“We can subsequently resolve the suitable unbiased action in Eire to be determined that that the rights of users are fully upheld – no topic which unbiased basis Facebook claims. After seven years, all cards could also unbiased unexcited be placed on the table.”
In accordance with an FAQ on the Schrems II judgment released by the European Knowledge Protection Board (EDPB) on 23 July 2020, whether or no longer or no longer a firm can transfer in step with SCCs will rely on the results of their assessments, which maintain to maintain in thoughts the circumstances of the transfer and any supplementary measures that cool be attach aside in put.
“The supplementary measures along with SCCs, following a case-by-case evaluation of the circumstances surrounding the transfer, would could also unbiased unexcited be determined that that US legislation doesn’t impinge on the ample stage of protection they guarantee,” it stated.
“Whilst you happen to plan to the conclusion that, taking into yarn the circumstances of the transfer and likely supplementary measures, appropriate safeguards would no longer be ensured, that you just would be succesful to even be required to suspend or stop the transfer of inner most data. Nonetheless, could maintain to that you just would be succesful to even be desiring to aid transferring data despite this conclusion, you need to notify your competent supervisory authority.”
It added that, with regard to the necessity of transfers for the performance of a contract, corporations will have to maintain in thoughts that inner most data can only be transferred when it’s done so ‘regularly’.
It will most likely could also unbiased unexcited be established on a case-by-case basis whether or no longer data transfers could make certain as “occasional” or “non-occasional”, it stated.
“Finally, this derogation [of GDPR’s Article 49] can only be relied upon when the transfer is objectively most critical for the performance of the contract.”
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