European Court decision today repudiates Irish Data Protection Commission posture

29 January 2025 — Today the European Court of Justice has found against the Irish Data Protection Commission (DPC) in a case relating to the processing of people's intimate data by Meta.

The facts:

• The Data Protection Commission (DPC) refused to investigate a key element of a complaint against Meta. It refused to investigate Meta’s use of people’s most intimate data.
• Such data, called “special category data”, enjoy special protection under the EU's General Data Protection Regulation (GDPR).
• These data are essential to the functioning of the recommender algorithms that digital platforms use to manipulate what people see in their feeds. They are central to Trump's assault on European democracy.
• The DPC’s European counterparts in every EU country voted collectively to order the DPC to investigate Meta's processing of intimate data.
• Instead of doing so, the DPC in 2023 sued its European counterparts at the European Court of Justice, arguing that it could not be forced to investigate Meta's use or misuse of these data.

Speaking today, Dr Johnny Ryan, Director of Enforce, said: 

“Today, the European Court of Justice has dismissed the DPC’s case, repudiating the DPC’s posture toward Big Tech under its previous Commissioner, Helen Dixon."

ENDS