Ireland, US, EU - Transferring data outside the EU
Model Clauses and the Privacy Shield – where you stand On 12 July 2016, after over two years of negotiations between the EU and the US, the European Commission adopted the Privacy Shield…
Published 1 September 2016
Following the issuing of proceedings by the Office of the Data Protection Commissioner ("ODPC") against Facebook Ireland and Max Schrems on 31 May 2016 (for more information on the proceedings click here), the case was briefly before the Commercial Court on 27 June.
At the short hearing the Commercial Court fixed 7 July 2016 as the date on which it will hear various applications by third parties to be joined as amicus curiae to the case. The Court will hear applications by the US government, the Business Software Alliance (supported by the US Chamber of Commerce in Ireland), the Irish Business and Employers Confederation and Digital Europe. Further applications to be joined as amicus curiae are being brought by the American Civil Liberties Union, the Irish Council for Civil Liberties, the Electronic Frontier Foundation and Electronic Privacy Information Centre (the latter two bodies being US based data protection watchdogs). The Court was also informed that a number of applications are being contested, with Counsel for Digital Rights Ireland informing the Court that they would not be pursuing their application, due to opposition from Mr. Schrems.
The US government has said in a sworn statement that the case is "of utmost importance to the United States and to the broader public" and involves matters of significant importance.
We will continue to monitor the progress of these proceedings closely and will provide regular updates. Undoubtedly, there are interesting times ahead.
For more detail please see The Irish Times article here.