Ireland sending Facebook privacy fight to European Union court

The highest court in Ireland has rejected demands from Facebook to delay court work on a fight in which it is seeking to continue to do what it wants with data collected in that country.

WND reported earlier as the fight developed just as CEO Mark Zuckerberg was being grilled by Congress over his company's handling of private details of customers in the United States.

The Irish case is over Facebook's transfer of personal data from overseas subsidiaries into the United States.

The Electronic Privacy Information Center reported a few weeks ago that the Irish High Court had sent 11 questions to the European Court of Justice for review in a case called Data Protection Commissioner v. Facebook.

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"The case considers whether Facebook's transfers of data from Ireland to the United States violate the European Charter of Fundamental Rights. The case follows the 2015 landmark decision Schrems v. DPC, which found that the U.S. had insufficient privacy law to protect the personal data of Europeans," EPIC said.

Now the organization is reporting that the Irish High Court rejected Facebook's request to delay the review by the European court.

The judge ordered the case sent forward because that will cause "the least injustice."

The Electronic Privacy Information Center, which joined the case, explained it concerns personal information belonging to the Irish.

"The case follows the landmark 2015 decision that the U.S. had insufficient privacy protections to allow transfer of Europeans' personal data," it said.

The new ruling said data subjects could be harmed if the case were delayed further.

The judge also noted there were "considerable concerns" about Facebook's conduct in the case, especially regarding the decision to argue points now that were not discussed at the lower courts.

The international court's opinion is being sought because only it can interpret a treaty, and the fight involves agreements that have been made between nations.

EPIC reported, "The new case examines 'standard contractual clauses' and whether the U.S. provides sufficient remedies for privacy violations, whether future data transfers should be suspended, and whether the EU-US 'Privacy Shield' matters."

In Ireland, it's provided that "everyone has the right to respect for his or her private life, home and communication."

And it's provided "that everyone has a right of access to data which has been collected concerning him or her and the right to have it rectified."

The plaintiffs explain there is no way for someone to take appropriate action to protect his personal data rights under Facebook's previous actions.