The Irish data protection authority’s draft decision would prevent Meta from sending information collected about users from Europe to the United States. In response, Meta threatens to close Facebook and Instagram in Europe.
The future of the use of the social media platforms Facebook and Instagram in Europe is again uncertain.
Meta, the parent company of Facebook and Instagram, and the European Union have been arguing about the transfer of data collected from users from Europe to the United States for a long time. The EU wants the data of European users to remain in Europe. Meta, on the other hand, wants to use the data collected in Europe in the United States as well.
The dispute came to the surface again yesterday, when the Irish data protection authority presented a draft decision based on which Meta would be completely prohibited from transferring the data of European users to the United States.
Data Protection Commissioner: Ireland does not make a decision alone
Finnish Data Protection Commissioner Anu Talus keep calm in monitoring the situation.
– It’s about a draft decision. Ireland has not notified the other EU countries that such a decision will be made, but the draft will be discussed among all supervisory authorities, Talus says in an interview with .
The services offered by Meta operate in the territory of all EU member states, which is why the supervisory authorities of all member states have one month to comment on the draft in Ireland.
Talus is unable to comment on the details of the draft prepared by Ireland because the matter is pending, but says that the draft is also on their desk.
– We have that roughly 150–160 page long draft. During this month, we can submit objections and remarks if we disagree with any of the interpretations presented by Ireland.
Talus says that if all member countries agree with Ireland’s point of view, then the draft presented by Ireland will go through, and the transfer of data collected by Meta from European consumers to the United States will be prohibited.
If, on the other hand, the supervisory authority of an EU country, even if only from one country, raises an objection, then Ireland could modify the draft it has written in order to seek consensus in accordance with the objection.
Alternatively, Ireland could take the draft it prepared to the European Data Protection Board, in which case it would be responsible for making a binding decision on the issue.
The final decision may still take weeks or even months.
The EU and the United States are torn by a dispute over the limits of individual data protection
The disputes between Meta and the EU stem from the decision of the EU Court of Justice in 2020, in which the then EU-US data transfer agreement was invalidated.
With the SCC data transfer clause that remained in force after that, Meta has been able to continue operating, but the Irish draft decision would end the validity of the clause.
According to Talus, it’s worth following the progress of the situation, even if you don’t use Meta’s services yourself.
– In general, the decision in this matter affects all companies that transfer information collected from consumers out of Europe.
The EU and the US have been negotiating a new data transfer agreement for a long time. According to the Politico magazine, the negotiations are at a standstill, and an agreement may not be reached at least before the end of this year.
Talus says that he does not have exact information about the status of the negotiations, but says that the basic question is related to balancing national security and the data protection of individuals.
– [Euroopan] the European Court of Justice has considered that the authorities in the United States have too broad access to the information that has been transferred from Europe to the United States on the basis of national security. This is the fundamental question at the heart of the whole thing, says Talus.
Facebook and Instagram users should not panic
The data protection commissioner tells users of Facebook and Instagram that the services are not closing without warning, but you should be aware of the situation.
– It’s definitely worth saving your own information if you’re at all worried about the services being closed. However, there is no reason to panic, but it is better to calmly monitor how this processing progresses.
Talus does not want to assess in more detail whether the operation of Meta’s services in Europe would end at a certain time, if the Irish draft decision were to pass in its current form.
– In that, the supervisory authority would have the power to decide when the decision should be followed.
A lot also depends on what Meta decides about its business. Even if the transfer of data collected from users from Europe to the United States were prohibited, the decision would not prohibit Meta’s business itself.
However, according to Meta, banning the transfer of user data would have a very negative impact on its business. Meta gets a large part of its revenue from targeting ads, where the utilization of data collected from users is essential.
The uncertain future prospects of Meta’s business have made investors nervous throughout the current year. The company’s share price has declined on the stock exchange throughout the year, as a result of which the company’s market value has halved from a year ago.
You can discuss the topic until Saturday at 11 pm.