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Europe risks being left without Facebook and Instagram

2022-07-08 10:04:50Kosova&Bota SHKRUAR NGA REDAKSIA VOX
Europe risks being left without Facebook and Instagram
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Europeans risk seeing social media services Facebook and Instagram shut down this summer after Ireland's privacy regulator ordered it to stop transferring data to the US.

The Irish Data Protection Commission on Thursday informed its counterparts in Europe that it will block Facebook owner Meta from sending user data from Europe to the US. The Irish regulator's draft decision strikes at Meta's last legal recourse to transfer large chunks of data to the US. This, after years of bitter court battles between the US tech giant and European privacy activists.

The European Court of Justice in 2020 annulled the transfer of EU-US user data. In its decision, the court also made it more difficult to use another legal tool that Meta and many other US firms use to transfer personal data to the US, called standard contractual clauses (SCC).

This week's decision by Ireland means Facebook is forced not to rely on the SCC as well. Meta has repeatedly warned that such a decision would shut down many of its services in Europe, including Facebook and Instagram:

"If a new transatlantic data transfer framework is not adopted and we are unable to continue to rely on the SCC or to rely on other alternative means of data transfer from Europe to the US, we will likely not be able to offer products and services from our most important, including Facebook and Instagram, in Europe", - said "Meta " in March of this year.

The Irish blocking order, if upheld by Europe's group of national data protection regulators, is also likely to send a chill through the wider business community, which has expressed surprise at how data can continue to be sent from Europe to the US, according to the EU.

The EU and the US are in the middle of negotiations on a new data transfer text that would allow companies like Meta to continue sending data across the Atlantic, regardless of the Irish conditionality. Brussels and Washington in March agreed to a preliminary agreement at the political level, but negotiations over the legal fine print have stalled. So the final agreement is unlikely to be reached before the end of the year.

A spokesman for the Irish DPC confirmed that the draft decision had been sent to other European privacy regulators, who now have a month to give their input, but would not discuss the details of the decision.

" This draft decision, which is subject to review by the European Data Protection Authorities, concerns a conflict of EU and US law, which is in the process of being resolved," said a spokesperson for "Meta ". – We welcome the EU-US agreement on a new legal framework that will allow the continuous transfer of data across borders. We expect this framework will allow us to keep families, communities and economies connected ."


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