Facebook cheers on his lawyers to try to prevent EU regulators from suspending transatlantic data transfers following a landmark ruling by the European Supreme Court this summer.
The tech giant has petitioned judges in Ireland for a judicial review of a preliminary suspension order.
Earlier this week, Facebook confirmed that it had received a preliminary injunction from its leading EU data protection authority – the Irish Data Protection Commission (DPC) – suspending transfers.
This is the logical conclusion after the so-called Schrems II ruling, which knocked down a flagship data transfer agreement between the EU and the US due to overreach in US surveillance. At the same time, the legality of alternative mechanisms for data transfer between the EU and the US has been questioned in cases where the data controller is subject to FISA 702 (like Facebook).
The Currency reported today that the Dublin law firm Mason Hayes + Curran filed filings with the Irish High Court yesterday, naming the Irish Data Protection Commissioners as defendants in the judicial review suit.
Facebook confirmed the request and sent us the following statement: “A lack of secure and legal international data transfers would have harmful consequences for the European economy. We urge regulators to take a pragmatic and proportionate approach until a sustainable long-term solution can be reached. “
In further comments, the company did not want to be quoted directly and informed us that it was of the opinion that the provisional order was premature as it expected further guidance for the regulatory authorities following the Schrems II ruling.
It is not clear what further guidelines Facebook is longing for and for what reasons it is seeking a judicial review of the DPC process. We asked about this but were declined to offer any details. The tech giant̵
The original complaint against Facebook’s transatlantic data transfers dates back to 2013.
The Irish legal system allows ex parte requests for judicial review. All Facebook had to do to petition the High Court to contest the DPC’s provisional order is a statement of reasons, an affidavit and an ex parte docket (plus any applicable court fees). Oh, and it had to be sure that these documents were filed on A4.
DPC Deputy Commissioner Graham Doyle declined to comment on the latest twist in the neverending saga.