Facebook hits back at Irish watchdog over data inquiry
Facebook has criticised the Irish data regulator for issuing proceedings against the firm over how it transfers data between the EU and the US, following the scrapping of a major EU ruling this summer.
The Irish Data Protection Commission (IPDC) is said to have given Facebook until the end of September to appeal its decision, which ordered Facebook to suspend data transfers between the two regions.
An EU court ruling in July invalidated the flagship Privacy Shield data agreement used by businesses such as Facebook to transfer data on European users to the US. It also cast doubt on the legality an alternative transfer mechanism called standard contractual clauses (SCC).
Facebook’s vice president of global affairs Sir Nick Clegg that if the IDPC chooses to enforce its decision, it could have a “far reaching effect” on its business.
“A lack of safe, secure and legal international data transfers would damage the economy and hamper the growth of data-driven businesses in the EU, just as we seek a recovery from Covid-19,” said Clegg.
“In the worst case scenario, this could mean that a small tech startup in Germany would no longer be able to use a US-based cloud provider. A Spanish product development company could no longer be able to run an operation across multiple time zones.”
Facebook currently relies on SCCs to carry out data transfers following the court decision known as Schrems II — which stemmed from a complaint about Facebook’s use of SCCs in 2013.
Clegg added: “While policymakers are working towards a sustainable, long-term solution, we urge regulators to adopt a proportionate and pragmatic approach to minimise disruption to the many thousands of businesses who, like Facebook, have been relying on these mechanisms in good faith to transfer data in a safe and secure way.”
The IDPC declined to comment.