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DPC’s challenge to EDPB powers dismissed

An EU court has rejected a challenge from the Data Protection Commission (DPC) to an order from the main European data watchdog.

The case arose from investigations carried out by the Irish watchdog into how Facebook, Instagram, and WhatsApp processed users’ personal data.

The European Data Protection Board (EDPB) had to step in to settle a dispute between the DPC and other European regulators about the DPC’s decisions.

As part of its final determinations, the EDPB called on the DPC to carry out fresh investigations into how the three platforms processed users’ data.

The DPC sought to have these part of the EDPB decisions annulled, arguing that the board had exceeded its powers in ordering new investigations and decisions.

‘Shortcoming’

The EU’s General Court dismissed the DPC’s challenge, however, stating that there was “no doubt” that the EDPB had the power to direct the DPC to carry out the new probes.

“This power is exercised only in the event of a clearly identified shortcoming in the analysis undertaken by the lead supervisory authority in its handling of the case, which may have significant consequences,” the judges stated.

“EU legislature decided that persistent disagreements between the supervisory authorities concerned relating to the scope of the analysis of a case and, where appropriate, to the scope of the investigation conducted in respect of that case, should be arbitrated in the context of the consistency mechanism within the EDPB.

“As a result, the applicant’s arguments seeking to demonstrate that the national courts are the ‘appropriate forum’ for dealing with disputes linked to the investigation are ineffective,” the court ruled.