Eric De Grasse, Chief Technology Officer
and
Brian Palmar, Irish reporter for The Project Counsel Group
20 October 2015 – Today Ireland’s High ruled that the country’s data protection agency should examine whether to suspend the transfer of Facebook users’ data from Europe to the United States. The Data Protection Commissioner “is obliged now to investigate the complaint”, Judge Gerard Hogan said, following a landmark ruling by the European Court of Justice earlier this month. In light of that ruling the Facebook case returned to the Irish High Court.
Commissioner Helen Dixon said: “I welcome today’s ruling from Judge Hogan which brings these proceedings to a conclusion. My Office will now proceed to investigate the substance of the complaint with all due diligence.” In addition Dixon said she was now consenting to orders quashing the 2013 refusal and remitting the matter for consideration by her, the judge noted.
It is clear, under EU law, the commissioner is obliged to investigate the complaint, said Judge Hogan, noting there was a “mottled” and “aquamarine” legal landscape of Irish and EU law concerning the matters to be addressed by the commissioner but the sides had agreed it was unnecessary, and possibly undesirable, for the judge to express any further view on that. His earlier decision, and the ECJ decision, “must speak for themselves”.
Judge Hogan also said that Schrems was clearly entitled to his legal costs of this case of “transcendent international importance”, involving “possibly one of the most important decisions” of the ECJ in recent years. Pending payment of the full costs to Schrems, he is to get a payment on account of €10,000 towards travel and other costs.
Earlier, Paul Anthony McDermott SC, for the Irish commissioner, said the refusal by the previous commissioner to investigate was based on the assumption the Safe Harbour arrangement was valid. There may be discussions on a new Safe Harbour arrangement and data protection commissioners across Europe are considering that, referring to the Article 29 pronouncement this past Friday. Noel Travers SC, for Schrems, said his client was concerned the investigation might be “long-fingered” in the hope there might be a new Safe Harbour arrangement.
Deputy Irish data protection commissioner John O’Dwyer was in the High Court for the proceedings.
