Meta Platforms' (META) WhatsApp Ireland should be allowed to challenge a European Data Protection Board decision to impose a higher fine on WhatsApp over data privacy breaches, according to a legal opinion Thursday for the Court of Justice for the European Union.
CJEU Advocate General Tamera Caperta proposed in her non-binding opinion that WhatsApp's appeal be declared admissible, that the case be referred back to the General Court for a decision on the merits, and that the costs be reserved.
The Irish Data Protection Commission fined WhatsApp 225 million euro ($242.7 million) in 2021 on complaints regarding data privacy breaches. The European Data Protection Board adopted the contested decision and ordered an increase in the penalty.
WhatsApp appealed before the General Court, which ruled that the decision was not "challengeable." WhatsApp then appealed to the Court of Justice of the European Union.
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