Ireland’s data regulator can resume a probe that may trigger a ban on Facebook’s transatlantic data transfers, the High Court ruled on Friday, raising the prospect of a stoppage that the company warns would have a devastating impact on its business.
The case stems from European Union concerns that United States government surveillance may not respect the privacy rights of EU citizens when their personal data is sent to the US for commercial use.
The Republic of Ireland’s Data Protection Commission (DPC), Facebook’s lead regulator in the EU, launched an inquiry in August and issued a provisional order that the main mechanism Facebook uses to transfer EU user data to the US “cannot in practice be used”.
Facebook had challenged both the inquiry and the preliminary draft decision (PDD), saying they threatened “devastating” and “irreversible” consequences for its business, which relies on processing user data to serve targeted online ads.
The High Court rejected the challenge on Friday.
“I refuse all of the reliefs sought by FBI [Facebook Ireland] and dismiss the claims made by it in the proceedings,” Justice David Barniville said in a judgement that ran to nearly 200 pages.
“FBI has not established any basis for impugning the DPC decision or the PDD or the procedures for the inquiry adopted by the DPC,” the judgement said.
Many taxpayer supported K-12 school districts use Facebook / Instagram services, including Madison.