The Meta Group, which owns the social network Facebook among other things, is once again in trouble with European data protection. The focus is once again on Ireland, since the server structures of the US tech company are located on the Emerald Isle. But this time the consequences could not “only” take the form of high fines. If the worst comes to the worst for Meta, the tech company could even be forced to close down in Europe.
Irish data protection authority wants to stop data transfer
The dispute between Meta and Ireland is by no means new. Once again, the conflict centers on the data transfer of personal information of European users to the US. This clearly violates the GDPR, as no security can be guaranteed against access by US intelligence agencies. Since Ireland’s top data protection official, Helen Dixon, is obviously fed up, there is now talk of stopping all data transfers to America. This would possibly mean the end for Meta in Europe. But of course Ireland alone cannot decide that for the entire EU. What happens now depends on the other EU members and the opinion of their data protection authorities. Should the EU states back Ireland’s view here, the future does not look bright for Meta in Europe.
Meta has 28 days
Should the remaining EU members now back Ireland, the consequences for Meta could well be severe. That is why the Irish Data Protection Authority (IDPC) has apparently wanted to give Meta one last chance before the application reaches the other EU members. The U.S. company now has 28 days to comment on the renewed allegations and, in the best case, to respond directly. Speaking to The Irish Times, a spokesman for the top data protection watchdog said that it had
“issued a revised interim decision against Meta in relation to our investigation into the transfers.”
Should Meta refuse to comply and/or even respond to the renewed criticism, the IDPC intends to take further action. Thus, the spokesman for Helen Dixon continued to say:
“We will then prepare a draft Article 60 decision for other concerned regulators. I expect that to happen in April.”
Meta warns of serious consequences
The Irish Data Protection Authority has yet to reveal any content to the public regarding the decision. However, it can be clearly assumed that they want to prohibit further transatlantic data transfer. Meta itself is still relatively relaxed despite the approaching threat to its European services. Thus, the group under the leadership of CEO Mark Zuckerberg emphasizes that the decision on the part of the IDPC is “not a final one.” Furthermore, the tech company has once again emphasized that a ban on meta-services would also have serious consequences for citizens, but also companies in the EU.
The elimination of popular services such as the messenger service WhatsApp and the social network Facebook would lead to a collapse of important tools for communication and marketing. In addition, the spokesman for the U.S. company has once again stressed that they finally have to find a
“long-term solution for data transfers between the EU and the US”
A new Privacy Shield is needed
It’s not as if the dangers of transatlantic data transfers are only now becoming a concern. Until the summer of 2020, the so-called “Privacy Shield” had taken effect in this regard. It was supposed to make the transfer of user data from large US tech companies secure and protect it from access by US intelligence services. However, the European Court of Justice (ECJ) overturned this guideline just under a year and a half ago. Meta, Google, Amazon & Co. are consequently currently transferring data to the USA without a security mechanism to ensure appropriate data protection.
But why did the ECJ decide against the legal basis? In its reasoning, the court stated on the record that “foreign communications” are not subject to the EU, but to the data protection laws of the USA. Meta itself has been pushing for a rewrite of the Privacy Shield in the EU for some time. Politicians already seem to be responding to the urging of large companies. Negotiations are already taking place between the EU and the U.S. regarding a successor to the Privacy Shield.
