The Irish Data Protection Authority (DPC) wants to take a decision on Facebook’s data transfer to the USA – and quickly. The process has been simmering for more than seven years. The voluntary commitment now comes after a lawsuit by the data protection activist Max Schrems against the DPC.

According to the association noyb (“none of your business” ), which Schrems founded, will be decided on the basis of the GDPR, although this had not yet come into force when the lawsuit was filed. “Under the GDPR, the DPC has the right to impose a fine of up to 4 percent of Facebook’s worldwide sales and bans on data processing.” The decision could turn the original complaint procedure of 2013 into the case that finally seals the fate of Facebook’s EU-US data transfer, the statement said. Schrems therefore also expects the DPC to bear the procedural costs.

Many decisions, little impact In the past seven Years ago the case was in seven courts. “Several courts have ruled that the DPC must investigate the complaint.” However, there were numerous sideshows and breaks. The data protection activist has already repeatedly accused the data protection authority of delaying the proceedings.

The European Court of Justice (ECJ) most recently overturned the Privacy Shield Agreement in July which meant that the legal basis for data transfer to the USA was missing. Facebook, like other companies, relied on standard contractual clauses that state that transfer to third countries is permitted with an equivalent level of data protection. The DPC imposed an order that Facebook had to stop the data transmission, the level of data protection was not equivalent. Facebook threatened to discontinue its services in the EU and filed a complaint with the Irish High Court, in which it said that since the data transfer process had not been completed, an order could not withstand. The High Court ruled that there had to be a judicial review.

Schrems will now be heard and will be given access to all documents submitted by Facebook. After the decision from the summer, the DPC filed a lawsuit against Schrems and Facebook to clarify the legal situation and paused the actual proceedings of 2013 for an indefinite period. Both parties sued for their part, whereby Facebook withdrew, but Schrems insisted on a decision that should now follow.

(emw)