Facebook asks Irish justice to rule on data transfer to the United States

Facebook challenges the preliminary findings of the Irish data protection regulator who seemed ready to rethink the system used by the US group to transfer data REUTERS / Dado Ruvic / Illustration / File Photo

Text by: Emeline Vin

3 min

Facebook Europe has taken the case to Irish courts to protest against a decision by the Irish Data Protection Commission.

Last week, the DPC (the equivalent of the French CNIL) asked the social network to stop transferring data from European users to the United States. 

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From our correspondent in Dublin

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Last July, a judgment of the Court of Justice of the European Union invalidating a transatlantic agreement.

Since 2016, the Privacy Shield has allowed social networks to transfer the data of their European users to the United States.

European justice considers that the agreement does not sufficiently protect this data from the surveillance operated by certain American services, foremost among which the NSA.

The CJEU thus agrees with the Austrian activist

who believed that the rights of Europeans to privacy and control of their data were not guaranteed in this case since the United States is not covered by the

.

What about data from European internet users?

So everything that we share on Facebook, depending on the settings, email address, content of messages, photos, advertisements viewed are collected in Europe but stored in data centers in the United States, among others.

Obviously, the digital giants have other transfer tools, they are not lacking in resources.

According to the Court's ruling, these mechanisms can work, but with strong data protection guarantees.

Not enough for the Irish Protection Commission which therefore sent a preliminary order to Facebook to stop these transfers. 

A decision that could set a precedent

Potentially 400 million Europeans who use Facebook or Instagram are affected.

Social networks have their European headquarters in Dublin, for fiscal reasons, it is the Irish Commission that regulates them.

Facebook has already warned that without data transfers, which it considers safe and secure in their current form, its model will be threatened and could also destabilize European economies.

Mark Zuckerberg's network does not rule out stopping serving its European members.

But he is not opposed to changing the way he transmits his data to the US headquarters, he is only asking the Irish Commission to provide legislative recommendations.

It is also important because if the Irish High Court validates the order of the Commission, it will set a precedent for all the other social networks which have their European seat in Dublin, like Twitter, YouTube, LinkedIn.

The decision is expected around November.

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