The Irish Data Protection Commission (DPC) told other European authorities on Thursday that it would prevent Meta, Facebook’s parent company, from transferring data from Europe to the United States – Politico Books. The move by the Irish regulator violates the right of Meta, which was previously fought in court, under which it can transfer large amounts of data to the USA.
In 2020, the European Commission scrapped the EU-US data flow agreement called Privacy Shield, because it treated US surveillance practices with reservations. In its decision, the board also made it difficult to use another legal tool used by Meta and many other US companies to transfer personal data. These are called Standard Contractual Clauses (SCC). The latest decision from Ireland means that Facebook will have to stop using the SCC.
Meta has previously indicated several times that due to the tightening of rules in this direction, it may close some of its services in Europe, including Facebook and Instagram.
If we do not adopt a new framework for transatlantic data transmission and continue to rely on SCC or other data transmission methods from Europe to the United States, we will no longer be able to operate our most important services in Europe. These include Facebook and Instagram
Meta reported in a statement filed with the US Securities and Exchange Commission in March of this year.
The Irish ban, if Europe’s national data protection regulators take on the crackdown, is likely to stir up the broader business community, which is considering how to send data from Europe to the US amid the EU’s strictest data protection rules.
The European Union and the United States are currently negotiating a new data protection directive that would allow companies like Meta to continue transmitting data across the Atlantic regardless of the Irish decision.
Brussels and Washington already reached a preliminary agreement on the issue in March, but detailed rule-making has stalled, and a final agreement is likely not to be reached this year.
A DPC spokesperson in Ireland confirmed that they have sent their draft decision to other European data protection regulators, who now have a month to form their own views on the matter.
This draft resolution, which is being reviewed by European data protection authorities, relates to the conflict between the legal systems of the European Union and the United States, which is being resolved
Meta spokesman said. He added that they are in the process of evaluating the initial agreement between the Union and the United States, whose legal framework may allow data to be transferred securely across borders. He said the tech giant expects the framework for this agreement to ensure that families, communities and economies across Europe can stay connected through its services.