 US federal government agencies could use personal data under US law, but were not required to opt in.The court held that companies opting in were "bound to disregard, without limitation, the protective rules laid down by that scheme where they conflict with national security, public interest and law enforcement requirements".In accordance with the EU rules for referral to the ECJ for a 'preliminary ruling', the Irish Data Protection Commissioner since then has had to "...examine Mr. Schrems's case 'with all due diligence' and [...] decide whether [...] the transfer of Facebook's European subscribers' personal data to the United States should be suspended".