Jerkschschschschschschschschschschschschschschschschschschschschschschschschlag in the continuation of personal information through the irish subsidiary on the parent company in the us: the supreme court of ireland, the high court, pointed to the internet company’s demand on friday, an ex officio-initiated investigation of the irish privacy workers to block overruns. A decision of the data protection commission (dpc) in the case, which has been working for eight years, more closely opens.
Judge starks position of the dpc
Facebook had initially achieved a stage victory in the youngest schlenk of the dispute in september: at that time, the high court approved the consolidated to see a leading order of the dpc to stop the backed data transfers based on standard contract clauses (svk) in court. The present result of this control through the high court was not allowed to commit to the social media giant. Judge david barniville writes in the 197 pages long verdict (pdf file): "i reject all requests from facebook ireland." at the same time, he rejected the application made by the company in the procedure.
The dpc gives barniville the decision, he has charged its allegation of procedural abuse and misappropriation. Although the authority has been returned during the appeal. He had never been concluded, "that there is no basis for this reproach and gave". The allegations had not been raised and much earlier would have to be accumulated.
Schrems: "facebook has lost at all levels"
With the investigation, the facebook described as a premature as well as one-sided and therefore stopped, the dpc responded to a judgment of the european court of justice (ecj) of july. This had five years after that of him explained from him for the privacy agreement safe harbor between the eu and the us also the successor construct privacy shield tipped. A disclosure of personal information, for example, based on svk, the luxembourg judges kept under strict prerequisites and linked with additional protection precautions in the us possible mass monitoring in principle continue to continue.
"Facebook has lost at all levels", commented the easter max schreems the decision of the high court. The lawyer had brought the stone to the stone with his complaint in 2013 in the original confrontation after the snowden enthusiasts. The renewed intermezzo, according to him, has only blocked the ongoing procedure for a few months again and that another added. The activist sees the dpc now terminated, "facebooks to stop eu-us data transfers, probably before the summer".
Legal involvements on three subsidiaries
Instead of moving the ecj judgments, the dpc produced according to schrems organization noyb now three consumption places. The original complaint procedure has the authority for indefinite time "paused". In doing so, schrems had ultimately excluded from his own case, so that he also requested a review of the new examination of the commission. Shortly before the negotiation in front of the high court, the dpc also steered in court and closed a comparison (pdf file). This obliges the authority to carry out the complaint procedure in accordance with the judgment of the irish court.
In the fall of 2020, the dpc provided for three weeks for the hearing of the parties and another three for the final decision. Similar deadlines have been agreed in comparison with schrems. Any national decision of the irish data protection workers also had to be approved by the european data protection committee (edsa). The dispute period there is four weeks. Facebook had to follow "save most data from europe locally", the complainant. Only in this way could the company prevent access through us security authorities. The other option ware, "that the us other elsewhere elsewhere".
Facebook: "pollution for users and other companies"
The dpc welcomed the court decision, but did not look forward to the further procedure. Facebook explained that the planned arrangement not only for the group, "but also for users and other companies could be harmful". The great question, how data were moved around the world, remain significant importance for thousands of european and us companies. I have been kept to the european rules, leaving standard contract clauses and taken additional adequate protection measures.