Irish Supreme Court to hear unprecedented Facebook appeal over data transfers referral
<https://www.irishtimes.com/business/technology/supreme-court-to-hear-unprece...> The Supreme Court has agreed to hear an unprecedented appeal by Facebook over a High Court judge’s decision to refer to the European Court of Justice (CJEU) key issues concerning the validity of EU-US data transfer channels. The five judge Supreme Court, in a significant decision on Tuesday, said it would hear the appeal as a matter of urgency before the end of this year and would notify the High Court, which has already forwarded the reference to the CJEU, of its decision. Last May, the High Court’s Ms Justice Caroline Costello directed a referral “immediately” to the CJEU of 11 issues concerning the validity of European Commission decisions approving data transfer channels known as Standard Contractual Clauses. The questions raise significant issues of EU law with huge implications, including whether the High Court was correct in finding there is “mass indiscriminate processing” of data by US government agencies under the PRISM and Upstream programmes authorised there. If Facebook persuades the Supreme Court to make certain orders in its appeal, those could only be of value if the Supreme Court judgment is delivered well in advance of the likely hearing before the CJEU, the chief justice, Mr Justice Frank Clarke <https://www.irishtimes.com/topics/topics-7.1213540?article=true&tag_person=F...> stressed on Tuesday. The grounds of appeal include whether or not there is any entitlement in the first place to appeal a reference decision made by the High Court. [...]
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Alberto Cammozzo