Fb’s try to dam a sequence of authorized questions referring to a long-running EU privateness case from being referred to Europe’s high court docket has been thrown out by Eire’s Excessive Court docket.
Earlier this week the corporate’s attorneys had requested the Irish Excessive Court docket to remain the referral to the CJEU of numerous key authorized questions pertaining to present information switch mechanisms which are being utilized by 1000’s of firms (Fb included) to authorize flows of non-public information exterior the bloc.
Each the lawfulness of Customary Contractual Clauses and the EU-US Privateness Protect mechanism are actually going through questions because of this problem.
Nevertheless in a ruling at present the Irish Excessive Court docket denied the corporate’s request for a keep on the CJEU referral — with the decide ordering the referral to be instantly delivered to the Court docket of Justice, and emphasizing the chance that “thousands and thousands” of EU information topics, together with privateness campaigner and lawyer Max Schrems whose criticism triggered the court docket case and subsequent referral, could possibly be having their information processed unlawfully.
“In my view very actual prejudice is probably suffered by Mr Schrems and the thousands and thousands of EU information topics if the matter is additional delayed by a keep as sought on this case,” writes Ms Justice Costello.
She additionally criticizes Fb for delaying techniques, and for not making it clear that its attraction towards the referral — which Fb nonetheless intends to pursue within the Irish Supreme Court docket — pertains to a time-bound argument that the choice is moot due to an incoming replace to EU privateness legislation (the GDPR).
“The truth that the purpose is barely now being raised offers rise to appreciable concern as to the conduct of the case by Fb and the style wherein it has handled the court docket,” writes the decide in a withering critique.
In an announcement on the most recent developments within the case, a Fb spokesperson instructed us: “We’re disillusioned to not have been granted a keep on the preliminary reference being made to the CJEU. We intend on persevering with with in search of depart to attraction the Excessive Court docket’s resolution to the Irish Supreme Court docket.”
Schrems’ view is there’s no case for Fb to make that the authorized questions concerned listed below are moot below GDPR, simply as he says “no such attraction exists in Eire” for Fb to attempt to attraction towards a referral to the CJEU by way of the Irish Supreme Court docket — though the corporate is making an attempt to do each. (However, because the decide has identified, it seems to love making an attempt to purchase itself time.)
Relying on how shortly the CJEU guidelines we’ll quickly know for certain — maybe in a bit of over a yr’s time.