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Apple gets permission to challenge data watchdog's decision to review complaint by French group

Summary

Apple Distribution International Limited has obtained leave from the High Court to challenge a decision by the Data Protection Commissioner (DPC) to investigate a complaint lodged by the French digital rights group La Quadrature du Net (LQdN). Apple argues that the DPC should have first assessed the validity or admissibility of the complaint before proceeding to a preliminary draft decision. The company seeks declarations that the DPC acted unlawfully, outside its powers, and unreasonably, breaching Apple's right to fair procedure and natural justice. Apple also requests a stay on further steps in the inquiry, which was granted by Justice Mary Rose Gearty. The complaint, filed on 28 May 2018, alleges that Apple processes personal data in a way that infringes the GDPR, a claim Apple denies. Apple contends that the DPC's inquiry was based on a flawed sample subject and that the DPC failed to provide reasons for refusing a standalone decision on validity before continuing the investigation.

Who, what, where, when and why

What: Report matter: Apple gets permission to challenge data watchdog's decision to review complaint by French group. Procedural stage: hearing_or_decision

When:

• May 28, 2018 Other
• March 3, 2021 Other
• March 18, 2021 Other
• September 2021 Other
• February 2022 Other
• 2024-11-25 Publication

Why: In September 2021, Apple submitted it was concerned that the investigation "may have proceeded on a fundamentally flawed basis" because it could not be confirmed that the sample subject was a relevant, or valid, data subject. CNI source report

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Stage Hearing Or Decision

Read the original CNI report