EU-US Data transfers: Ireland asks Europe's top court to rule on EU-U.S. data transfers - by Conor Humphries

Ireland A Proud Member Of The EU

Ireland’s High Court on Tuesday said it would ask the EU’s top court to decide whether to ban the way in which Internet firms such as Facebook (FB.O) transfer users’ data to the United States in a case with major implications for companies.

The case is the latest to question whether methods used by large tech firms such as Google (GOOGL.O) and Apple (AAPL.O) to transfer data outside the 28-nation European Union give EU consumers sufficient protection from U.S. surveillance. 

Data privacy is under the spotlight after revelations in 2013 by former U.S. intelligence contractor Edward Snowden of mass U.S. surveillance caused political outrage in Europe. 

Irish High Court Judge Caroline Costello said she had decided to ask the European Court of Justice for a preliminary ruling in the case. 

“European Union law guarantees a high level of protection to EU citizens ... they are entitled to an equivalent high level of protection when their data is transferred outside of the European Economic Area,” she said.

The Irish Data Protection Commissioner’s office initially became involved after Austrian law student and privacy activist Max Schrems made a complaint in Dublin about Facebook’s handling of his data in the United States. 

The judge said the Irish Data Protection Commissioner “has raised well-founded concerns that there is an absence of an effective remedy in U.S. law compatible with the requirements of Article 47 of the Charter (of Fundamental Rights).” 

She said that a newly created U.S. ombuds person dealing with Europeans’ complaints about U.S. surveillance did not eliminate those concerns. 

Costello also said she was not delivering any value judgment on the data protection laws in the EU or United States.

Note EU-Digest: Facebook and other US social media companies don't seem to take EU Privacy laws serious. Facebook was recently fined by Spain for €1.2m for breaking privacy laws. Facebook, Google, Twitter, and other US web companies have been told tthat the weak US privacy Laws are not applicable in the EU, and a;so ordered  to crack down on hate speech and speech inciting violence and terrorism — but this time, the EU is taking things a step further. The European Commission has issued guidelines for web companies to follow, and it’s warning the companies that, if they don’t comply, this could lead to some huge fines. 

Read more: Ireland asks Europe's top court to rule on EU-U.S. data transfers