Meta, data transfer to the US in Ireland’s sights
The European Guarantors will have one month for any objections. According to CorCom, the draft of the DPC Commission’s measure is already on the table of the Italian Authority. Spotlight on the use of Facebook and Instagram, would remain outside Whatsapp
08 Jul 2022
The Irish Data Protection Commission (DPC) aims to formally prohibit Meta – Facebook’s holding company – from transferring user data from Europe to the United States. This is what Politico announces that the draft of the provision has already been sent to the European counterparts – the Privacy Guarantors. According to CorCom , the document is already on the table of the Italian Privacy Guarantor.
Index of topics
• Spotlight on the new Privacy Shield
• The maxi fine of 17 million
• The “blackout” of Facebook and Instagram is unlikely. Whatsapp out of the game?
Spotlight on the new Privacy Shield
A company spokesperson told Politico that “the draft decision, subject to review by European data protection authorities, refers to a conflict between EU and US laws that is being resolved. We welcome the EU-US agreement for a new legal framework (the so-called new Privacy Shield) that will allow the continuous transfer of data across borders and we expect that this framework will allow us to keep families, communities and economies connected.
Less catastrophic tones than those of last March in which from a file filed with the SEC (Securities and Exchange Commission) of the United States Meta declared that “if a new framework for transatlantic data transfer is not adopted and we will not be able to continue to rely on SCC (Standard contractual clauses, ed. ) or other alternative means of data transfer from Europe to the United States, we will probably not be able to offer some of our most significant products and services, including Facebook and Instagram in Europe.”
The maxi fine of 17 million
Just in March, the Irish Commission imposed a fine of 17 million euros on Meta Platforms Ireland Limited (formerly Facebook Ireland Limited) following an investigation into twelve reports of data breaches received in the six-month period between 7 June 2018 and 4 December 2018 (here is the note issued following the measure)
The “blackout” of Facebook and Instagram is unlikely. Whatsapp out of the game?
The question, however, concerns precisely the timing. If it is true that the EU-US political agreement has been reached, it will be necessary to move from saying to doing and in the meantime any measures could complicate the use of many services: even there are already those who claim that Facebook and Instagram could suffer heavy access restrictions already during the summer but a “blackout” of the two platforms in Europe is to be considered unlikely. Data protection regulators have one month to express any objections to Ireland’s decision. Meta can also appeal the ruling in court. The draft measure presented on Thursday would only apply to Facebook and Instagram and according to rumors should not include WhatsApp.