An adviser to Europe’s top court has backed WhatsApp in its appeal against the EU privacy watchdog’s decision to increase its fine for data privacy violations. The case stems from a 2021 ruling in which Ireland’s data protection authority fined WhatsApp 225 million euros ($242.2 million). The European Data Protection Board (EDPB) intervened at the time, compelling Ireland to raise the penalty.
WhatsApp had challenged the EDPB’s authority to impose such a directive, but a lower tribunal ruled in 2022 that the company lacked standing to sue the regulator directly. Advocate General Tamara Capeta of the Court of Justice of the European Union (CJEU) has now disagreed with that assessment, stating that WhatsApp’s challenge is valid and should be reconsidered. The CJEU is expected to issue its final ruling in the coming months.
