- Henry Park
Stop! No really. Stop transferring that European personal data to the US
As I mused when Schrems II came out, it appears that the Irish Data Protection Commission (IDPC) has finally made a decision about Facebook's transfers of European personal data to the US (see blog).
The IDPC allegedly sent a communication to Facebook to stop transfers using the European Commission's Standard Contractual Clauses (see Wall Street Journal) (see Facebook blog).
This is an expected communication given the Schrems II decision. The more interesting element will be how the IDPC determines what additional safeguards are needed to once again permit the data transfers.
Facebook filed an appeal with Ireland's High Court (which is the trial level court) for a judicial review of the IDPC's decision to stop Facebook's transfer of personal data using the SCCs (see MSN link). As part of the appeal, Facebook submitted an affidavit from Yvonne Cunnane, the Head of Data Protection and Privacy at Facebook Ireland, that asserted that if it was prohibited from transferring personal data "it is not clear to [Facebook] how, in such circumstances, it could continue to provide inter alia the Facebook and Instagram services in the EU" (Affidavit, at paragraph 93). The appeal was granted and the IDPC's decision was stayed (see MSN link).
[updated on September 14, October 7]
Photo of Max Schrems by Tsui on Wikimedia Commons