Data Protection Commissioner v Facebook Ireland Limited & Anor [2016] IEHC 414 (19 July 2016)

Data Protection Commissioner v Facebook Ireland Limited & Anor [2016] IEHC 414 (19 July 2016)

Applicants for amicus curiae status must demonstrate a bona fide interest, the ability to bring a perspective or expertise not otherwise available to the court, and must not seek to involve themselves in factual disputes. In these proceedings, given the absence of factual dispute and the public law dimension, the...

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Citation
[2016] IEHC 414
Parties
Plaintiff: Data Protection Commissioner; Defendant: Facebook Ireland Limited; Defendant: Maximillian Schrems
Jurisdiction
Ireland
Judgment Date
19 July 2016
Procedural Posture
Application for Admission of Amici Curiae in Data Protection Proceedings / Interlocutory Application
Outcome
Applications for admission as amici curiae granted in part and refused in part.
Legal Topics
Standard Contractual Clauses, Transfer of Personal Data, Amicus Curiae, Adequacy of Data Protection, Article 7, 8, 47 Charter of Fundamental Rights of the EU
Data Protection European Union Law Public Law Standard Contractual Clauses Transfer of Personal Data Amicus Curiae Adequacy of Data Protection Article 7, 8, 47 Charter of Fundamental Rights of the EU

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Parties

Data Protection Commissioner

Plaintiff

Facebook Ireland Limited

Defendant

Maximillian Schrems

Defendant

Procedural Posture

Application for Admission of Amici Curiae in Data Protection Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether applicants should be admitted as amici curiae in proceedings concerning the validity of standard contractual clauses for data transfers from the EU to the US
  2. 2 Whether the applicants can provide assistance or perspectives not otherwise available to the court

Ratio Decidendi

Applicants for amicus curiae status must demonstrate a bona fide interest, the ability to bring a perspective or expertise not otherwise available to the court, and must not seek to involve themselves in factual disputes. In these proceedings, given the absence of factual dispute and the public law dimension, the court exercised its discretion to admit certain applicants as amici curiae who could provide relevant expertise or perspectives, while refusing others whose contributions would be duplicative or not sufficiently distinct.

Court Disposition

Applications for admission as amici curiae granted in part and refused in part.

Orders

  • United States of America, Electronic Privacy Information Centre (EPIC), BSA Business Software Alliance, and Digital Europe admitted as amici curiae.
  • Applications of Electronic Frontier Foundation (EFF), Irish Council for Civil Liberties and American Civil Liberties Union, Mr. Kevin Cahill, IBEC Limited, and Irish Human Rights and Equality Commission refused.