Facebook Ireland Ltd v Data Protection Commission (Approved) [2021] IEHC 336 (14 May 2021)

Facebook Ireland Ltd v Data Protection Commission (Approved) [2021] IEHC 336 (14 May 2021)

The DPC's decisions to commence the inquiry, issue the PDD, and adopt the procedures are amenable to judicial review, but the grounds of challenge advanced by Facebook Ireland Limited fail. The DPC acted lawfully, provided fair procedures, and was not obliged to await EDPB guidance. No breach of legitimate expectation, proportionality, or duty of candour was established.

Citation
[2021] IEHC 336
Parties
Applicant: Facebook Ireland Limited; Respondent: Data Protection Commission; Notice Party: Maximilian Schrems
Jurisdiction
Ireland
Judgment Date
14 May 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
GDPR Compliance, Cross Border Data Transfers, Standard Contractual Clauses, Fair Procedures, Legitimate Expectation, Proportionality, Duty of Candour
Data Protection European Union Law Administrative Law GDPR Compliance Cross Border Data Transfers Standard Contractual Clauses Fair Procedures Legitimate Expectation +2 more

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Parties

Facebook Ireland Limited

Applicant

Data Protection Commission

Respondent

Maximilian Schrems

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Data Protection Commission's decision to issue a Preliminary Draft Decision and adopt its procedures is amenable to judicial review
  2. 2 Whether the DPC failed to conduct an investigation/inquiry before issuing the PDD
  3. 3 Whether the DPC departed from published procedures or breached legitimate expectation

Ratio Decidendi

The DPC's decisions to commence the inquiry, issue the PDD, and adopt the procedures are amenable to judicial review, but the grounds of challenge advanced by Facebook Ireland Limited fail. The DPC acted lawfully, provided fair procedures, and was not obliged to await EDPB guidance. No breach of legitimate expectation, proportionality, or duty of candour was established.

Court Disposition

Application dismissed

Orders

  • No relief granted to Facebook Ireland Limited
  • DPC's inquiry and procedures upheld