Schrems -v- Data Protection Commissioner [2014] IEHC 310 (18 June 2014)

Schrems -v- Data Protection Commissioner [2014] IEHC 310 (18 June 2014)

The Data Protection Commissioner is bound by the European Commission's Safe Harbour Decision of July 2000 regarding the adequacy of US data protection, and cannot investigate or find otherwise unless empowered by EU law. The applicant's complaint, while not frivolous or vexatious in the ordinary sense, is unsustainable in law due to this binding Community finding. However, given the importance and novelty of the issues, the High Court refers the question to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling on whether the Commissioner is absolutely bound by the Commission's finding or may conduct his own investigation in light of subsequent...

Citation
[2014] IEHC 310
Parties
Applicant: Maximillian Schrems; Respondent: Data Protection Commissioner
Jurisdiction
Ireland
Judgment Date
18 June 2014
Procedural Posture
Judicial Review / High Court Judgment With Reference to CJEU Under Article 267 TFEU
Outcome
Proceedings adjourned pending reference to the Court of Justice of the European Union under Article 267 TFEU.
Legal Topics
Safe Harbour Regime, Transfer of Personal Data, Adequacy of Data Protection, Surveillance and Privacy, Locus Standi, Judicial Review, EU Charter of Fundamental Rights
Data Protection Constitutional Law European Union Law Administrative Law Safe Harbour Regime Transfer of Personal Data Adequacy of Data Protection Surveillance and Privacy +3 more

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Parties

Maximillian Schrems

Applicant

Data Protection Commissioner

Respondent

Procedural Posture

Judicial Review / High Court Judgment With Reference to CJEU Under Article 267 TFEU

Legal Issues

  1. 1 Whether the Data Protection Commissioner is absolutely bound by the European Commission's Safe Harbour Decision of July 2000 regarding adequacy of US data protection for EU data subjects
  2. 2 Whether the applicant's complaint was 'frivolous and vexatious' within the meaning of the Data Protection Act 1988
  3. 3 Whether the applicant has locus standi to bring the complaint and proceedings

Ratio Decidendi

The Data Protection Commissioner is bound by the European Commission's Safe Harbour Decision of July 2000 regarding the adequacy of US data protection, and cannot investigate or find otherwise unless empowered by EU law. The applicant's complaint, while not frivolous or vexatious in the ordinary sense, is unsustainable in law due to this binding Community finding. However, given the importance and novelty of the issues, the High Court refers the question to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling on whether the Commissioner is absolutely bound by the Commission's finding or may conduct his own investigation in light of subsequent...

Court Disposition

Proceedings adjourned pending reference to the Court of Justice of the European Union under Article 267 TFEU.

Orders

  • Reference made to the CJEU for a preliminary ruling on whether the Data Protection Commissioner is absolutely bound by the European Commission's Safe Harbour Decision or may conduct his own investigation in light of subsequent legal and factual developments.
  • Proceedings stayed pending outcome of the CJEU reference.