Irish High Court dismisses legal bid by Facebook over EU-US data transfers

The Irish High Court has dismissed a legal challenge by Facebook against a draft decision by Ireland’s Data Protection Commissioner (DPC) to suspend Facebook Ireland’s transfer of data about European residents to the US.

Justice David Barniville ruled last week that Facebook Ireland had not established any basis for “impugning” the Data Protection Commissioner’s draft decision to suspend Facebook’s data transfers as part of an inquiry.

The decision is the latest in a long-running legal battle between Austrian lawyer Max Schrems and Facebook over the lawfulness of the social media company’s data transfers between Europe and the US.

At issue is whether data transfers to the US breach EU privacy laws by subjecting the data of European citizens to US mass surveillance programmes without offering them adequate legal redress.

Schrems, who has accused both Facebook and the DPC of delaying tactics, said that after years of legal action, the DPC would now be required to stop Facebook’s data transfers.

“Facebook lost on every ground,” he said. “After eight years, the DPC is now required to stop Facebook’s EU-US data transfers, likely before summer.”

The 127-page High Court judgment, published on 14 May 2021, rejected allegations from Facebook that the DPC had breached its duty of candour in the way it defended the proceedings brought by Facebook.

The judge also found that the claims made by the DPC – withdrawn during the hearing – that the proceedings brought by Facebook were an abuse of process had no basis and should have been withdrawn at an earlier stage.

A separate action brought by Schrems against the DPC which aimed to halt the DPC’s inquiry into Facebook for different reasons was settled just before it was due to be heard in court on 13 January 2021.

Schrems first brought a complaint against Facebook in 2013, following the Snowden revelations that the US was engaged in the mass surveillance of email, phone and internet data.

The lawyer challenged the lawfulness of Facebook’s transfer of data on EU citizens to the US under EU data protection law.