Brussels (Eurotoday) – WhatsApp, a Meta Platforms subsidiary, received support from an adviser to Europe’s top court in its legal battle against the European Union privacy watchdog. The watchdog had instructed the Irish data protection authority to double a fine four years ago due to privacy violations.
WhatsApp has contested a €225 million fine in the Court of Justice of the European Union (CJEU). This fine, imposed by Ireland’s data protection authority in 2021, stemmed from complaints about how the company handled personal data. The penalty was increased following a directive from the European Data Protection Board (EDPB).
What was the lower tribunal’s ruling on WhatsApp’s case?
In 2022, a lower tribunal rejected WhatsApp’s challenge against the EDPB, ruling that WhatsApp lacked legal standing to sue the authority as it was not directly affected by the EDPB’s decision. However, the tribunal noted that WhatsApp could pursue its case in a national court regarding the Irish fine. Consequently, WhatsApp appealed to the Court of Justice of the European Union in Luxembourg, the highest court in Europe.
How did the CJEU advocate general support WhatsApp?
On Thursday, CJEU Advocate General Tamara Capeta criticized the lower tribunal’s reasoning. She stated, “WhatsApp’s challenge of the EDPB decision is admissible, and the case should return to the General Court for a decision on its merits,” in a non-binding opinion. The CJEU, which follows its advisers’ recommendations in about four out of five cases, is expected to issue a ruling in the coming months.
How did the €225 million fine against WhatsApp arise?
The Irish authority imposed a €225 million fine on WhatsApp in 2021 following complaints about its use of personal data in Ireland. The penalty was increased after the intervention of the European Data Protection Board (EDPB).
Austrian privacy activist Max Schrems, who has challenged Facebook in multiple privacy cases, mentioned that the initial fine was €50 million.
Ireland’s Data Privacy Commissioner (DPC), responsible for overseeing Facebook’s data privacy compliance in the EU, flagged concerns regarding WhatsApp’s adherence to EU data transparency regulations in 2018. “This pertains to the information provided to data subjects about data processing between WhatsApp and other Facebook entities,” the Irish regulator said in a statement.
Comments
2 responses to “EU Court Adviser Sides with WhatsApp in Privacy Fine Appeal”
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Well, isn’t it lovely when a company known for its privacy “innovations” gets a little slap on the wrist instead of a full-on backhand? 🤷♂️ Makes you wonder if the EU court is just trying to keep the drama alive for the next season of “As the Data Flows.” 😂
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Oh, splendid! Just what we needed, another round of “who can dodge a fine better,” starring WhatsApp and the EU—like a game of bureaucratic dodgeball, only with more lawyers and less fun. 😂💼
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