Data Protection Commissioner v Facebook Ireland Ltd & anor [2019] IESC 46 (31 May 2019)

Data Protection Commissioner v Facebook Ireland Ltd & anor [2019] IESC 46 (31 May 2019)

The Supreme Court held that it had no jurisdiction to interfere with the High Court's decision to refer questions to the CJEU, except in relation to findings of fact or law that are unsupported by credible evidence or are materially erroneous. Upon review, the Court found no basis to overturn the High Court's findings regarding US law or the adequacy of protections for data subjects. The appeal was therefore dismissed.

Citation
[2019] IESC 46
Parties
Plaintiff/first Named Respondent: Data Protection Commissioner; First Named Defendant/appellant: Facebook Ireland Limited; Second Named Defendant/second Named Respondent: Maximillian Schrems
Jurisdiction
Ireland
Judgment Date
31 May 2019
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Decision to Refer Questions to the CJEU
Outcome
Appeal dismissed
Legal Topics
Transfer of Personal Data to Third Countries, Standard Contractual Clauses, Adequacy of Data Protection, Jurisdiction of Appellate Courts, Review of Findings of Fact, Reference Procedure to CJEU
Data Protection European Union Law Constitutional Law Transfer of Personal Data to Third Countries Standard Contractual Clauses Adequacy of Data Protection Jurisdiction of Appellate Courts Review of Findings of Fact +1 more

Case Brief

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Parties

Data Protection Commissioner

Plaintiff/first Named Respondent

Facebook Ireland Limited

First Named Defendant/appellant

Maximillian Schrems

Second Named Defendant/second Named Respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Decision to Refer Questions to the CJEU

Legal Issues

  1. 1 Whether an appeal lies to the Supreme Court from a High Court decision to refer questions to the CJEU
  2. 2 Scope of appellate review over findings of fact regarding foreign law (US law) in the context of data transfers
  3. 3 Whether the High Court erred in its findings on US law relevant to data protection

Ratio Decidendi

The Supreme Court held that it had no jurisdiction to interfere with the High Court's decision to refer questions to the CJEU, except in relation to findings of fact or law that are unsupported by credible evidence or are materially erroneous. Upon review, the Court found no basis to overturn the High Court's findings regarding US law or the adequacy of protections for data subjects. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order altering the High Court's findings or reference to the CJEU
  • Costs to be determined as appropriate