Dublin to sue Brussels for ‘overreach’ on big tech rules
Escalation in tension after EU piled pressure on Ireland to broaden an investigation into Meta
IRELAND plans to sue the EU for “overreach” as a row between Dublin and Brussels over how to regulate big tech escalates.
Ireland’s Data Protection Commission (DPC) has announced plans to take the European Data Protection Supervision Board (EDPB) to the EU Court of Justice, accusing the Brussels-based body of overstepping its authority.
It highlights the growing tension between Brussels and Dublin over how to regulate big tech companies such as Apple, Google and Meta.
Division has been apparent for years but the escalation to legal action comes after the EU allegedly tried to pressure Ireland into broadening an investigation into Meta, the parent company of Facebook and Instagram.
In a rare public statement, the DPC said Brussels had put pressure on it to extend an investigation into whether Meta was breaking EU data protection laws by forcing users to accept personalised online adverts.
The EDPB wanted to transform the investigation into one “that would span all of Facebook and Instagram’s data processing operations”. Ireland claims the move was against the law.
As the EU headquarters for most of Silicon Valley’s largest tech companies, the DPC is the main data regulator for these businesses across the bloc. The EDPB, which includes representatives from data protection regulators across the EU, oversees the DPC.
The most recent split comes after more than a decade of EU unease at Ireland’s perceived laissez-faire stance on regulating big tech, from which it earns billions of euros in tax revenues.
Other European countries, most notably France and Norway, are understood to be unhappy with what they see as Ireland’s light regulatory touch and want to see a harder crackdown on US tech giants. One source said: “The DPC is entirely isolated among its peers. And it is now asking Europe’s highest court to tell it to not do its job.”
Jonathan Kirsop, a partner at City law firm Pinsent Masons, said: “The strength of the DPC’S statement, notably the reference to ‘overreach’ by the EDPB, is striking and is indicative of a long-running tension.
“Although the DPC has recently been imposing significant fines, particularly on technology companies, it has been criticised by other authorities for not being strong enough.”
The DPC declined to comment. The EDPB said it would be “premature” to comment on the DPC’S vow of legal action.
The legal threat came as the DPC handed down a €390m (£345m) fine to Meta for breaking EU data protection laws. The fine, which related to breaches at both Facebook and Meta, was the culmination of the investigation at the heart of the row between the DPC and the EDPB. Meta plans to appeal.
Ireland’s data protection commissioner, Helen Dixon, said in October 2021 that “a fining range of between €28m and €36m” was better suited to Meta. However, Brussels pressured Dublin into handing down a bigger fine.