EU court adviser backs WhatsApp in privacy fine appeal

Brussels (Brussels Morning Newspaper) – WhatsApp, a Meta Platforms got the support of an adviser to Europe’s top court in its fight against the European Union privacy watchdog, which had ordered the Irish data protection authority to double a fine four years ago for privacy breaches.

WhatsApp has brought its legal challenge regarding a €225 million fine to the Court of Justice of the European Union (CJEU). This fine, imposed by Ireland’s data protection authority in 2021, arose from grievances concerning the company’s management of personal data. The penalty was heightened following a prompt from the European Data Protection Board (EDPB).

What was the lower tribunal’s ruling on WhatsApp’s case?

In 2022, a lower tribunal dismissed WhatsApp’s challenge against the EDPB, ruling that WhatsApp lacked legal standing to sue the authority since it was not directly impacted by the EDPB’s decision. However, the tribunal stated that WhatsApp could pursue its case in a national court regarding the Irish fine. As a result, WhatsApp appealed to the Court of Justice of the European Union in Luxembourg, which is Europe‘s highest court.

How did the CJEU advocate general support WhatsApp?

On Thursday, CJEU Advocate General Tamara Capeta criticized the lower tribunal’s analysis. 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 typically follows its advisers’ recommendations in four out of five cases, is anticipated to make its ruling in the coming months.

How did the €225 million fine against Whatsapp arise?

The Irish enforcer fined WhatsApp 225 million euros in 2021 following complaints about its use of personal data in Ireland. The higher penalty came after the European Data Protection Board (EDPB) intervened in the case.

Austrian privacy campaigner Max Schrems, who has taken on Facebook in several privacy cases, said the initial fine was 50 million euros.

Ireland’s Data Privacy Commissioner (DPC), the primary data privacy authority for Facebook in the EU, stated concerns regarding WhatsApp’s compliance with EU data regulations on transparency in 2018. “This encompasses the information given to data subjects about the data processing between WhatsApp and other Facebook companies,” the Irish regulator mentioned in a statement.