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Google participated in a high court proceeding regarding personal data as a notifying party

Google participated in a high court proceeding regarding personal data as a notifying party

 


Google has been added to a proceedings in the High Court alleging that the Data Protection Commission (DPC) was unable to fully investigate complaints about how Internet giant and digital marketing association IAB Europe processes personal data. rice field.

The proceedings are due to Dr. Johnny Ryan, Senior Fellow of the Irish Citizens’ Freedom Council (ICCL), alleging that the investigation of 2018 complaints about how the two companies process personal data has been delayed by DPC. It was raised.

DPC denies that the handling of complaints has been delayed.

Last March, Judge Charles Minan granted Dr. Ryan permission to carry out a judicial review procedure against the DPC. It seeks a declaration that the defendant was unable to conduct a complaint investigation in all due diligences in a reasonable amount of time.

He is also seeking an order to direct the DPC to proceed with the investigation or that part of the complaint not covered in the investigation without delay and hopes to refer the case to the European Union Court of Justice (ECJ). increase.

When the issue was mentioned in the High Court on Tuesday, Rossa Fanning SC of Google Ireland, Google’s Irish branch, said his client would like to participate as a notifying party to the proceedings.

This is because Google was clearly interested in the outcome of the proceedings.

The judge made the company the notifying party to the proceedings after being told that neither Dr. Ryan nor the DPC objected to Google’s participation.

Commercially sensitive

Judges were also told on Tuesday that a problem had arisen between DPC and Dr. Ryans’ statutory agent regarding respondents’ concerns that commercially sensitive material could be submitted to court. I did.

There was disagreement on this issue, but I heard that the court was discussing how the parties would try to resolve the issue.

The judge said the DPC would need to file an opposition outlining the objections to Dr. Ryans’ actions in the coming weeks. The court stated that commercially sensitive and supplementary material in the document may be edited.

The judge postponed the case to late June, giving each party the freedom to apply to court if necessary.

Dr. Ryan, who raises the issue of concerns about the right to data protection in his position at the ICCL, has sued DPC on suspicion of failure to proceed and has virtually completed the investigation of his complaint.

His complaint is about the operation of a system called real-time bidders, which is allegedly used by Google and the IAB. This underlies the targeting of individual data subjects for online advertising based on personal data.

He claims that the failure to investigate the issue violates the requirements of both the 2018 Data Protection Act and the General Data Protection Regulation (GDPR).

Disclosure

In his complaint, Dr. Ryan raised various concerns, including the bidding system used by the two companies, which included unauthorized and possibly unlimited disclosure and processing of personal data.

His complaints include several cases where Google and the IAB allege that they have violated the GDPR. DPC is the US regulator of GDPR and data managers whose main place of business is Ireland.

He also raised issues regarding companies claiming that they could not demonstrate compliance with the GDPR requirements of processing personal data legally and fairly, or minimizing the processing of personal data.

DPC began its own voluntary investigation into real-time bidding in May 2019, with detailed contact between Dr. Ryan and DPC on this matter. However, Dr. Ryan argues that his complaint has not been properly or properly investigated by the Commission, resulting in a high court judicial review procedure for the DPC.

Sources

1/ https://Google.com/

2/ https://www.irishtimes.com/business/technology/google-joined-as-notice-party-in-high-court-action-over-personal-data-1.4881314

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