- ECJ overturned the Safe Harbor Agreement in 2015, which legally shook transatlantic data transfers.
- Facebook then relied on the EU standard contractual clauses for data transfers to the USA.
- The Irish Data Protection Commission (DPC) referred the case “Schrems v Facebook” to the Irish High Court for review.
- The US requested to participate in the proceedings on June 13, 2016, presumably in defense of PRISM and mass surveillance.
Since the annulment of Safe Harbor by the ECJ (C‑362/14) in October 2015, Facebook based its transatlantic data transfers on the EU standard contractual clauses. On May 25, 2016, the Irish Data Protection Authority (DPC) announced that it would have the legality of the standard contractual clauses as the basis for transatlantic data transfers assessed by the ECJ. Accordingly, the DPC initiated the proceedings Schrems against Facebook to the next instance, the Irish High Court. You will find our entry in this regard here.
According to Schrems the U.S. government today (June 13, 2016) asked the Irish High Court to participate in the proceedings. It is understood that the U.S. intends to defend its mass surveillance under PRISM in the European courts. The corresponding press release can be found here.