Landmark EU-US Data Privacy Irish High Court Case Update

Court to Receive Update to Expert Opinion’s – 19 May 2017 Update

On Friday 19 May 2017, the case of Data Protection Commissioner v. Facebook Ireland Limited & Maximilian Schrems, was again in for mention before the Honourable Ms Justice Costello following a request for the submission of new information on 17 May 2017 (see  update at (https://www.eversheds-sutherland.com/global/en/what/publications/shownews.page?News=en/ireland/new-submission-request.)

Ms Justice Costello decided that she will receive a joint amendment to the expert opinions based on the newly declassified Opinion and Order of The Foreign Intelligence Surveillance Court.  One expert witness from each party to the case will meet and discuss the matter and a short note will be submitted to the court on this basis. Ms Justice Costello referred to the matter as simply a translation of the information and not a reopening of the issues. She urged the party’s experts to refrain from letting the “genie out of the bottle” by reopening issues covered within the proceedings of the case.

The case will appear for mention on Monday 29 May 2017, where Ms Justice Costello will be furnished with the joint update from the expert witnesses. It will then be decided if there is merit in hearing short oral submissions from the parties based on this note and if there is this will proceed on Thursday 1 June 2017. We will continue to monitor this situation closely.