Late last month the Data Protection Commissioner informed Facebook Ireland, which is the EU HQ of Facebook and Instagram platforms, that it has made a preliminary draft decision that personal data should not be transferred to the US parent Facebook Inc.
This came as a surprise to Facebook as it had not been aware of the inquiry prior to the communication. Counsel said that this view, if adopted, would have "extremely significant adverse effects on Facebook, its business and many millions of users". It was also concerned that the DPC had prejudged or prematurely judged the matter, and has taken irrelevant matters into account when arriving at its draft preliminary decision.
The DPC, counsel said, in reaching its view has departed from procedures it had included in its 2018 report. In its action Facebook Ireland seeks orders against the DPC quashing the commissioner's preliminary draft decision in relation to the data transfer, and the decision to commence an inquiry under the 2018 Data Protection Act.