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Ireland: Irish High Court grants Facebook judicial review, halts DPC investigation

The non-governmental organisation None of your business–European Center for Digital Rights ('NOYB') announced, on 14 September 2020, that the Irish High Court had granted Facebook Ireland Limited leave to file a judicial review against the Irish data protection authority ('DPC') in case No. 2020/617 JR and had halted a new investigation by the DPC into EU-US data transfers. In particular, NOYB stated that Facebook Ireland had momentarily succeeded in stopping the DPC's investigation into EU-US data transfers by means of Standard Contractual Clauses ('SCCs'). Furthermore, NOYB stated that the DPC had planned to refer this case to the European Consistency Mechanism of all 27 EU Member States' supervisory authorities within 42 days.

In addition, NOYB noted that Facebook Ireland had argued that a draft decision by the DPC from 28 August 2020, which stood at the beginning of the procedure, would have preempted the outcome of the DPC's procedure and that three weeks to respond would not have constituted sufficient time. Moreover, NOYB stated that Facebook Ireland also had argued that it would be unfair that the DPC only targeted Facebook and not also other IT companies that transfer data from Ireland to the United States.

Finally, NOYB stated that the DPC may take action against the suspension of its investigation within a 72 hour notice period.

You can read the press release here.