JUDICIAL REVIEW PROCEEDINGS ON EU-US DATA TRANSFERS
Facebook’s judicial review proceedings against the Irish Data Protection Authority (“DPA”) which have their origin in the judgment delivered by the Court of Justice of EU on 26 July 2020 in relation to EU-US data transfers are listed for hearing in the Irish High Court on 15 December 2020.
Facebook’s central complaint is that, in commencing the inquiry, and in issuing the Preliminary Draft Decision, the DPA has not respected Facebook’s right to fair procedures.Unlike the inquiry now being challenged by Facebook, which is focused on data transfers affecting millions of Facebook users across Europe, the investigation of Mr Schrems’ complaint is specifically directed to transfers of Mr Schrems’ personal data to the US.
Pointing to his standing as a complainant in his own right, and as a de facto representative of European data subjects, Mr Schrems’ overall position is that the DPA should not be permitted to examine Facebook’s transfers by means of a more broadly-drawn inquiry.
While the DPA disagrees with Mr Schrems and will be defending Mr Schrems’ proceedings, Facebook has been joined to Mr Schrems’ judicial review.
By orders of the Court made on the application of Facebook and Mr Schrems, the DPA is precluded from taking any further steps to progress its application of the findings.
You can read the full text of the press release here.
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