Facebook tries to prevent the EU court




from considering data transfers
Facebook has requested that the case initiated by Max Schrems on the legal sustainability of the transfer of user data from the EU to the United States is not yet referred to the European Court of Justice.

Facebook had until Monday to appeal or to request postponement, and according to Reuters, the latter has done in the last minute. The company ultimately tries to prevent the EU court from examining the legal sustainability of the transfer of data from EU citizens to the United States. If the Court of Justice were to consider this, there might be a line through these data transfers, which would be a big part of the bill for Facebook.

A Facebook lawyer has asked if the referral of the Irish High Court can be postponed, so that the Supreme Irish judge, the Supreme Court, can rule on whether it would accept an appeal against the referrals. According to a lawyer from the Irish privacy watchdog, no such profession has been admitted in the country before and only delays answers to questions which, in his opinion, are of great importance to the entire European Union.

This includes the question whether the data are adequately protected against the surveillance of US intelligence services. It also concerns the question whether the data transfers are in line with the European privacy regulations, and whether US law offers sufficient guarantees for EU citizens to be able to do something against a violation of their privacy by American intelligence services.

The data transfers take place on the basis of model agreements, or standard contractual clauses, with which American companies can store data from EU citizens in the US. This practice has been approved by the EU, but is now the subject of the ongoing procedure.

The Austrian Max Schrems has previously put an end to the Safe Harbor scheme , which was replaced by Privacy Shield in 2016. This allows companies to store personal data of European citizens in the US after they have gone through a certification process. There is a lot of criticism here, just like on the model contracts. The use of model contracts has become partially redundant by Privacy Shield, but there are still companies that use it. The present case concerns the model contracts and not the Privacy Shield, although a negative opinion on the model contracts may also have consequences for Privacy Shield.


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