Courts / Ireland / Report

Privacy activist Schrems challenges Data Commissioner's Facebook probe

Date
2020-10-12
Stage
Hearing Or Decision

Summary

In October 2020, privacy activist Max Schrems filed a High Court challenge to stop the Data Protection Commissioner's (DPC) investigation into Facebook Ireland's transfer of data to its U.S. parent. Schrems argued that the DPC's own‑volition inquiry, launched after a July EU Court of Justice ruling, would exclude him from a process he had been involved in since 2013 and 2015, when he first complained about the data transfers. He claimed the inquiry breached his right to be heard and that the DPC had failed to provide adequate reasons for opening an inquiry instead of a complaint‑based one. Schrems, represented by Eoin McCullough SC and James Doherty SC, sought an order quashing the DPC's decision, directing the DPC to complete his complaint with diligence, and to conduct any inquiry as part of a complaint‑based process. The court granted permission ex‑parte, stayed the DPC's investigation, and adjourned the case to December.

Who, what, where, when and why

What: Report matter: Privacy activist Schrems challenges Data Commissioner's Facebook probe. Procedural stage: hearing_or_decision

When:

Why: Mr Schrems has brought judicial review proceedings because of his real and immediate concerns that the Data Protection Commissioner (DPC) is engaged in a process that will have an effect on the investigation and outcome of a complaint he made several years ago to the DPC about Facebook's handling of his personal data. CNI source report

Case subjects

Data Protection Commissioner

Applicant

Outcome: The judge, who also put a stay on the DPC's investigation from continuing pending further order of the court, adjourned the matter to a date in December.

Max Schrems

Applicant

Outcome: The judge, who also put a stay on the DPC's investigation from continuing pending further order of the court, adjourned the matter to a date in December.

Places mentioned

Court Venue
  • High Court

Topics

Stage Hearing Or Decision

Read the original CNI report

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