The Irish data protection commissioner has begun a major legal action in the commercial court in Dublin, which will require the Court of Justice of the European Union (CJEU) to decide if transatlantic data transfer channels breach privacy rights of European Union (EU) citizens.
The Irish commissioner, Helen Dixon , has formed a “provisional” view that there are “deficiencies” over the rights of EU citizens to access remedies under US law for any breach of their data protection rights protected by the European Charter, the court was told on 7 February 2017.
The case – which encompasses the US government, Facebook, technology trade bodies and human rights organisations – will have major implications for EU-US privacy rights, and the ability of technology companies to transfer data on EU citizens to the US.
In the hearing, Michael Collins, senior counsel (SC) for the commissioner, said the commissioner has formed the draft view the transatlantic data transfer channels – known as standard contractual clauses (SCCs) – do not provide the level of protection necessary.
