WHATSAPP IRELAND APPEALS RECORD FINE IN EUROPEAN COURT

 

WhatsApp Ireland has filed appeals against the decision to sanction it a record Euros 225million fine by the Data Protection Commissioner last month for violations of users' privacy. The European arm of the messaging service filed both a judicial review application before the Irish High Court seeking to set aside the DPC's decision for want of legality, as well as a statutory appeal against the decision itself.

The DPC announced the fine on 20th August, 2021, after finding WhatsApp violated the European GDPR in the processing of both its users, as well as non-users data, and for sharing users' data with Facebook.
In the Judicial Review filing, WhatsApp seeks to quash the DPC decision for unconstitutionality citing the European Convention on Human Rights. It also claims it was denied fair procedure and equated the fine to a criminal sanction. The application will be heard inter-parties next month. WhatsApp has also appealed the decision on its merits in the Superior Court.

ILLEGAL PHONE TAPPING IMPERILS FRENCH INSIDER TRADING CASE

 

The French government's biggest insider trading case against two individuals teeters on the brink of collapse on claims of data privacy breach by the charged suspects. They accuse authorities of illegally accessing their private communications, authority which they say, should only be availed when national security is threatened. The Court of Justice of the European Union in a 15-judge bench is hearing submissions on whether the evidence relied upon by the French authorities in bringing the case against traders Alexis Kuperfis, and Lucien Selce, should be set aside as inadmissible as the same was illegally obtained. The authorities tapped burner phones used in the alleged market info tip-offs. "The court clarified last year that EU rules ban wide-scale measures forcing internet and phone operators to carry out 'the general and indiscriminate transmission or retention of traffic data and location data.' Such data should only be accessed in case of a “serious threat” to national security, it said