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FINNISH SUPERVISORY AUTHORITY: The European Data Protection Board has taken a binding decision on WhatsApp in the dispute settlement procedure

FINNISH SUPERVISORY AUTHORITY: The European Data Protection Board has taken a binding decision on WhatsApp in the dispute settlement procedure

At its plenary session on 28th July, the European Data Protection Board has adopted a dispute settlement decision on a draft decision concerning WhatsApp Ireland Ltd. The draft decision concerns the own-initiative investigation by the Irish supervisory authority on WhatsApp activity. This issue was addressed in the context of the dispute settlement procedure of the Data Protection Board, as the Irish Data Protection Authority rejected the objections raised by the EU supervisors participating in the draft decision.

In its investigation, the Irish supervisory authority examined whether WhatsApp IE fulfils its obligation to inform data subjects about the processing of personal data in a transparent manner in accordance with data protection rules.

The participating supervisory authorities raised relevant and reasoned objections to the draft decision, which the Irish supervisory authority decided to reject and to refer to the dispute settlement procedure.

The objections concerned, for example, breaches of the Data Protection Regulation identified by the Irish Data Protection Authority and the adequacy of the remedies envisaged. In addition, objections were raised that certain information in question should be considered as personal data and what the implications of that definition would be.

The EDPB participated in the decision-making process in the plenary session as the Finnish supervisory authority and member of the European Data Protection Board. This is another binding dispute resolution decision adopted by the Data Protection Board under Article 65 of the General Data Protection Regulation.

Subsequently, the Irish Supervisory Authority will take its final decision on the basis of the Data Protection Board’s dispute resolution decision. The decision of the Data Protection Board shall be binding on all supervisory authorities involved.

The Data Protection Board will publish its dispute resolution decision on its website once the final decision has been notified by the Irish supervisory authority to the controller.

SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA FINLANDIA

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