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EU-USA: DATA PROTECTION: Model clauses in jeopardy with Irish DPA referral to CJEU

26 May 2016

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"International data flows between the U.S. and EU may have taken yet another hit late Tuesday with news that the Irish Data Protection Commissioner is planning to refer a case to the Court of Justice of the European Union to determine whether Facebook can use standard contractual clauses, also often called model clauses, to transfer data out of the EU....

According to a press release from Europe-v-Facebook the Max Schrems-led group that brought both the Safe Harbor and current complaint to the Irish DPA, “Under current CJEU case law, it is highly unlikely that Facebook Ireland could … continue sharing data with the U.S. authorities.”

See the article: Model clauses in jeopardy with Irish DPA referral to CJEU (The Privacy Adviser, link)

And see: Facebook & NSA-Surveillance: Following “Safe Harbor” decision, Irish Data Protection Commissioner to bring EU-US data flows before CJEU again (pdf): "Yesterday night, we were informed that the Irish Data Protection Commissioner (DPC) is planning to refer to the Court of Justice of the European Union (CJEU) to determine if Facebook can continue to transfer data from the EU to the US after the invalidation of the “Safe Harbor” system by the Court on October 6th 2015 and given continues application of US mass surveillance laws."

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