Irish data regulator to investigate Facebook's US data transfers

The Irish Data Protection Commissioner (DPC) has told the country's High Court it will conduct a speedy investigation into the data Facebook is transferring to the US.

The announcement came two weeks after the Court of Justice of the European Union (CJEU) concluded that the Irish regulator can examine whether the transfer of a person's data to a third country guarantees an adequate level of protection.

The CJEU also ruled the safe harbour agreement was invalid with immediate effect.

Austrian privacy activist Max Schrems first applied for an audit of the data Facebook was passing to the National Security Agency (NSA) from its European headquarters in Ireland in June 2013.

Adhering to what the DPC thought was binding EU law following the 2000 Commission decision, the application was rejected leading Schrems to bring a case before the Irish High Court.

Judge Hogan agreed with the regulator and referred the case to the CJEU who, after confirming the DPC was wrong, sent the case back to the High Court in Ireland.

The commissioner, Helen Dixon, consented to orders quashing the 2013 decision.

Judge Hogan was again in attendance and reinforced Dixon's comments by stating: 'It is clear, under EU law, the commissioner is obliged to investigate the complaint and the court had no doubt she would do so', according to The Irish Times.

Hogan added the earlier decision, and the CJEU decision, 'must speak for themselves'.

On the issue of costs, Schrems will receive a payment of €10,000 towards travel and other costs, pending payment of the full costs.

Justice Hogan said the law student was clearly entitled to his legal costs in a case of 'transcendent international importance', 'involving one of the most important decisions' of the CJEU in recent times.

Counsel for Schrems, Noel Travers SC said his client expressed concerns the investigation might be 'long-fingered' with talks of a new Safe Harbour arrangement on the agenda.

He added: 'Mr Schrems made the complaint three years ago, was concerned the transfers of data are continuing and there was no guarantee, even if his complaint was upheld, the data would be returned.'

Representing the commissioner, Paul Anthony McDermott SC, said there was no question of the investigation being 'long-fingered' and any delay could not be attributed to the commissioner who would investigate in line with what the High Court and CJEU had said.

Last week it was announced the DPC's office will receive an increased budget of nearly €1.2 million.

Following the ruling, Dixon said her office would proceed to investigate the substance of the complaint 'with all due diligence'.

Matthew Rogers is an editorial assistant at Solicitors Journal @sportslawmatt matthew.rogers@solicitorsjournal.co.uk