European court of justice struck down provisions allowing transfer of EU citizens’ data to the US after Austrian student argued NSA might get access to it

This article is more than 4 years old

This article is more than 4 years old

Ireland has said it plans to investigate the transfer of data on Facebook users in Europe to the United States after an EU court invalidated the “safe harbour” provisions under which it took place.



It follows a request by Austrian citizen Max Schrems to the Irish data protection commissioner to investigate if there was adequate protection of his data transferred to the US by Facebook, which has its European headquarters in Dublin.

What is 'safe harbour' and why did the EUCJ just declare it invalid? Read more

In a landmark ruling on Tuesday the European court of justice struck down the “safe harbour” arrangements with the US amid concerns it gives American intelligence agencies access to European citizens’ data.

“The judgement has clarified that it is now for the data protection commissioner to revisit Mr Schrems’s complaint and carry out the necessary investigations,” said Dara Murphy, the Irish data protection minister.



Meanwhile, the Irish data protection commissioner Helen Dixon has instructed her legal team “to take whatever actions are necessary to bring the case back as soon as practicable before the Irish high court”.

It is likely the commissioner will then launch a full investigation into Schrems’s complaints.

Schrems went to the high court in Ireland after the commissioner refused to investigate his concerns on the grounds the “safe harbour” system, which allowed tech companies to send personal data to the US, was overseen by the European commission.

The case judge subsequently referred the case to the European court of justice which ultimately struck down “safe harbour”.

Dixon said: “The issues dealt with in the judgment are complex.



“In declaring the old “sSafe Harbour” rules invalid, however, the significance of the judgment extends far beyond the case presently pending in Ireland.”

Murphy said there was now an opportunity “to set robust global standards for the protection of personal data”.

“The legitimate and safe use of personal data, and indeed the need for data transfer must always be balanced with strong standards for the protection for personal data,” Murphy said.

With Agence France-Presse