European tech lobby seeks to be joined to action on data privacy

A group representing the digital technology industry in Europe wants to be joined to a case here over data protection rights.

DigitalEurope signalled to Mr Justice Brian McGovern yesterday it wants to be joined to the High Court action brought by Data Protection Commissioner Helen Dixon, arising from a complaint against Facebook Ireland by Austrian lawyer Max Schrems.

The commissioner wants the court, if it shares her concerns about the validity channels being used for EU-US data transfers by Facebook and others, to refer key legal issues for determination by the Court of Justice of the EU. Those issues relate to the validity under the charter of fundamental rights of EU of the data transfer channels, known as SCCs (standard contractual clauses) previously approved under European Commission decisions.

The commissioner’s case arises from her draft finding last month that Mr Schrems had raised “well-founded” objections that data transfers by Facebook Ireland to its parent in the US breach his data privacy rights under the charter.

Fast -track

Mr Schrems brought a complaint to the commissioner because Facebook has its European headquarters in Dublin.

Judge McGovern has agreed to fast-track the commissioner’s case against Facebook Ireland in the Commercial Court, the big business division of the High Court.

The issues have major significance for privacy rights of millions of EU citizens and for trade between the EU and US.

Yesterday, senior counsel Michael Cush said Brussels-based DigitalEurope wanted to be joined to the proceedings because of the important issues involved.

Its membership includes 62 corporate members and 37 national trade associations, including some of Europe’s largest IT, telecoms and consumer electronics companies.

Similar applications

The judge granted leave to bring the application to be joined. It will be decided at a later date. Similar applications have been brought by the Business Software Alliance, representing interests of internet giants including Apple, Microsoft and Intel; the Irish Business and Employers Confederation; the US Chamber of Commerce, Digital Rights Ireland and the Electronic Frontier Foundation (EFF), a California based civil liberties group advocating for international digital privacy.

The case is next before the court on Monday, June 27th.