Supreme Court to hear Facebook appeal this month
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Facebook’s application for permission to appeal a decision asking the European Court of Justice to determine questions over the EU-US data transfer regime will be heard by the Supreme Court later this month.
Facebook sought a stay on the High Court’s Ms Justice Caroline Costello’s referral to the European Court of 11 issues, citing existing jurisprudence to the effect an appellate court cannot set aside such an order, The Irish Times reports.
The tech giant had failed to establish it had an arguable case to bring before either the Court of Appeal or the Supreme Court, the judge said.
It had sought the stay as it awaited the outcome of a request to the Supreme Court to hear an appeal against the judge’s decision in October 2017 to make the referral to the ECJ.
Three judges of the Supreme Court will sit on July 17 to hear the social media company’s application.
The questions which are the subject of the referral to the ECJ ask whether the European Commission decisions approving data transfer between the EU and US are valid.
They also ask whether EU law is applicable where personal data is processed for national security purposes, irrespective of where it takes place.
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