Facebook takes upright circulate in opposition to Irish privateness watchdog
Facebook’s upright circulate in opposition to the Records Protection Commission will strive to withhold the company’s capacity to switch European voters’ records to the US despite its decrease privateness protections
Sebastian Klovig Skelton ,
Published: 11 Sep 2020 17: 15
Facebook is in quest of a judicial overview in opposition to the Irish Records Protection Commission (DPC) after receiving a preliminary describe from the privateness watchdog to droop its records transfers to the US.
The social media large lodged the papers ex parte in the Irish Excessive Court docket on 10 September, which is involving to now be requested to verify the validity and legality of the DPC’s preliminary ruling that Long-established Contractual Clauses (SCCs) can not be used because the mechanism for transatlantic records transfers.
The European Court docket of Justice (ECJ) introduced the legality of SCCs into query when it ruled to strike down the Privacy Protect agreement in July, on the premise that it did now not make sure that European voters ample good of redress when records is aloof by US intelligence providers and products.
Though the ECJ realized SCCs were unexcited legally true, it ruled that firms comprise a accountability to make certain that those they shared the records with granted privateness protections identical to those contained in EU law.
Austrian lawyer Max Schrems, who initiated the upright proceedings that resulted in the ECJ’s landmark choice (colloquially acknowledged as Schrems II), tweeted that Facebook’s choice to see a judicial overview “displays (a) how they are going to exhaust every opportunity to block a case, even earlier than there would possibly be a call, and (b) how it is wholly illusionary to to find such a case through in a pair of weeks or months in the Irish upright system”.
Every NOYB and Facebook were approached for comment but did now not retort by the time of e-newsletter.
When approached about Facebook’s choice to see a judicial overview, the DPC suggested Computer Weekly it would no longer be commenting at the present.
Extra upright circulate in opposition to the DPC
In keeping with Schrems, his digital rights no longer-for-profit NOYB used to be no longer suggested of the DPC’s choice to concern the preliminary describe, which has now successfully paused the direction of of an ongoing criticism he acknowledged the regulator has already did now not act on for seven years.
For this motive, NOYB has suggested 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 attention-grabbing, as Facebook has indicated in a letter from 19 August 2020 that (after the conclude of Stable Harbor, Privacy Protect and the SCCs) it is now relying on a fourth upright foundation for records transfers: the alleged ‘necessity’ to outsource processing to the US below the contract with its customers,” it acknowledged.
“This means that any ‘preliminary describe’ or ‘2d investigation’ by the DPC on the SCCs alone will, no doubt, no longer quit Facebook from arguing that its EU-US records transfers continue to be upright. In practice Article 49 (1b), GDPR will most seemingly be an acceptable upright foundation for terribly restricted records transfers (shall we embrace, when an EU user is sending a message to a US user), but can not be used to outsource all records processing to the US,” acknowledged Schrems.
“We are able to ensuing from this truth take the actual upright circulate in Eire to make certain that that the rights of customers are fully upheld – no topic which upright foundation Facebook claims. After seven years, all cards must be place on the table.”
In keeping with an FAQ on the Schrems II judgment launched by the European Records Protection Board (EDPB) on 23 July 2020, whether or no longer or no longer a company can switch in accordance with SCCs will rely on the results of their assessments, which must achieve in thoughts the instances of the switch and any supplementary measures that chilly be place in predicament.
“The supplementary measures alongside with SCCs, following a case-by-case prognosis of the instances surrounding the switch, would must make sure that that US law does no longer impinge on the ample stage of protection they guarantee,” it acknowledged.
“In case you come to the conclusion that, taking into legend the instances of the switch and ability supplementary measures, acceptable safeguards would no longer be ensured, you are required to droop or conclude the switch of non-public records. Nonetheless, must you are meaning to shield transferring records despite this conclusion, you prefer to order your competent supervisory authority.”
It added that, nearly concerning the necessity of transfers for the performance of a contract, firms would possibly unexcited achieve in thoughts that non-public records can finest be transferred when it’s done so ‘customarily’.
It would possibly must be established on a case-by-case foundation whether or no longer records transfers can make sure as “occasional” or “non-occasional”, it acknowledged.
“On the least, this derogation [of GDPR’s Article 49] can finest be relied upon when the switch is objectively wanted for the performance of the contract.”
Dispute material Continues Below
Read more on Social media technology
Irish privateness watchdog orders Facebook to quit sending user records to the US
By: Sebastian Klovig Skelton
Why records exports from the EU will seemingly be no longer easy with out Privacy Protect
By: Andrew Hartshorn
Schrems steps up stress on Irish records protection commissioner on Facebook’s records sharing with US
By: Bill Goodwin
Privacy Protect: Companies face new hurdles to legally switch records to the US
By: Bill Goodwin