Facebook launches legal action against IDPC over proposed halt to EU-US data transfers


Facebook has begun legal action against the Irish Data Protection Commission (IDPC)

On 11 September, Facebook launched a court appeal in Ireland in an attempt to halt the IDPC’s preliminary order to suspend the use of Standard Contractual Clauses (SCCs) in EU-US data transfers. 

Facebook deemed the proposal to be “premature” and urged the Irish regulator to “adopt a pragmatic and proportionate approach until a sustainable long-term solution can be reached,” a Facebook spokesperson said in a statement on Friday. 

Vice President of Global Affairs, Nick Clegg said in a blog post, “A lack of safe, secure and legal international data transfers would damage the economy and hamper the growth of data-driven businesses in the EU.”

The proposal follows the Schrems II ruling by the Court of Justice of the European Union in July 2020, in which the Court stated that the use of SCCs as mechanism for transatlantic transfers was valid but under SCCs, privacy watchdogs like the DPC must suspend data transfers from the EU if the receiving country’s surveillance laws clash with EU citizens’ data protection rights.

Facebook is pursuing a judicial review of the latest Irish Commission’s process as it argues the preliminary order was decided ahead of Facebook receiving guidance from the European Data Protection Board. 

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