In our previous article, “The Repeal of the Privacy Shield,” we provided information about the current unofficial ban on the transfer of personal data by companies from the European Union to the United States. It all began with the careless transfer of Facebook users’ personal data to servers in the U.S., which led to the conclusion that the legislation of that third country does not provide the same level of security and protection for personal data as EU legislation.
According to the latest reports, Facebook Ireland Limited has threatened that if the Irish Data Protection Commission does not back down from its strict measures and ban on data transfers to the U.S., the social media giant plans to leave the European Union.
In response to the authority’s ban, Facebook has raised several allegations, including that the authority is biased against the social media platform.
As the legal dispute shows, Facebook Ireland Limited is taking this seriously. Yvonne Cunnane—head of Facebook’s data protection department in Ireland—argues that cutting off a large volume of EU data would jeopardize Facebook’s revenue potential. At the same time, she points out that this social media platform is currently a powerful and important tool for freedom of expression. Whether these arguments will outweigh the fact that Facebook is often at the center of numerous conspiracy theories and acts as a powerful manipulator—for example, during elections—remains to be seen.
The dispute has so far resulted in a ruling in Facebook’s favor, meaning the Irish Data Protection Commission’s ban has been limited. However, the commission may appeal this decision. According to privacy experts, the announcement of a withdrawal is merely an empty threat. M. Veale, a technology policy researcher at University College London, also commented, specifically stating that the idea of Facebook withdrawing from the European market is absurd.
It remains to be seen how this potential dispute “over the fate” of 410 million European Facebook users will unfold. We will keep you informed of further developments.
