A draft decision by Irish regulators on Thursday threatened to prevent Facebook and Instagram from moving data about European Union users to the United States. Annual Controversy over protecting European citizens’ data from American espionage.
The order from the Irish Data Protection Commission moved data from Facebook and Instagram users in Europe to the United States because the service was subject to U.S. law allowing surveillance agencies to access certain information about international users. It is based on the court’s decision that it cannot.
This decision, first reported by Politico, was given to US and European negotiators. First announced in March, a contract that allows businesses to continue moving digital information across the Atlantic. Meta, which owns Facebook and Instagram, says it may have to shut down its European services if it can’t easily transfer data.
Meta is the subject of a proceeding that led to a 2020 decision by the European Court of Justice, the Supreme Court of the European Union, and has been the center of debate as it invalidated important data sharing agreements between the European Unions. And the United States.court Said Known as the Privacy Shield, this agreement was illegal due to the lack of privacy protection by American spies.
This decision was an example of governments around the world increasingly setting rules and standards governing how data travels around the world.
Facebook and Instagram power outages in Europe are being considered It’s unlikely. Data protection regulators in other European Union countries have a month to challenge the Irish order. Meta can also appeal the judgment in court. Draft orders submitted on Thursday apply only to Facebook and Instagram, not to other meta services such as WhatsApp.
The White House has been working to sign a contract to keep the data running. Without an agreement, the operations of thousands of companies, not just Internet companies like Meta, would be questioned.
In March, President Biden announced a preliminary agreement with European Commission President Ursula von der Reyen, but both sides have not reached a final agreement.
Since the court’s decision in 2020, Meta and many other companies have used legal mechanisms known as “standard contract clauses” to keep their data moving.
A draft order filed by Irish authorities on Thursday stated that the mechanism was not sufficient to comply with the decision of the European Court of Justice. The decision focused only on meta, as the company was already the subject of an investigation into data collection practices in Ireland.
Ireland is headquartered in the EU in Dublin and is responsible for regulating Meta’s data practices in Europe.
Meta said it was confident that a deal would close to prevent service interruptions.
“This draft decision, which is subject to review by the European Data Protection Authority, is related to the conflict between EU and US law in the process of resolution,” Meta said in a statement. “We welcome the EU-US agreement on a new legal framework that will enable the continued transfer of data across borders. We hope that this framework will help us maintain family, community and economic ties. “
