The European arm of WhatsApp has obtained permission from a High Court judge to challenge the decision of the Data Protection Commission to impose a fine of 225 million euros.
The fine was issued by the CPD last August after considering that the courier service had breached its obligations under the General Data Protection Regulation (RGPD) of the European Union regarding data protection in various aspects, Irish publication The Journal reports.
WhatsApp Ireland Ltd, which is owned by Facebook, started its legal appeal against the decision in September. In its judicial review procedure against the CPD, Ireland and the Attorney General, WhatsApp is seeking an order to annul the CPD’s decision of August 20 to fine the company.
It also wants the court to declare, among other things, that certain provisions of the 2018 Data Protection Act are invalid and unconstitutional and are incompatible with the State’s obligations under the European Convention on Human Rights.
The investigation analyzed issues such as the treatment of data of users and non-users of WhatsApp services by the service, and the exchange of personal data between WhatsApp and Facebook companies.
In addition to imposing the fine, the CPD has ordered WhatsApp to adapt its data processing operations to the requirements of the RGPD.
WhatsApp alleges that the CPD’s decision, which it adopted by virtue of the articles of the 2018 Law, is flawed and should be annulled in its entirety. “The 2018 Act allows the DPC to participate in a form of administration of justice that is not allowed and is contrary to the Irish constitution,” argues WhatsApp, quoted by The Journal.
WhatsApp affirms that the fine constitutes the imposition of a criminal sanction, adding that the amount of the fine “constitutes an interference with the constitutional rights of WhatsApp”, apart from “having violated its right to a fair procedure”.
