This looks like a very welcome development: The European Commission (EC) is to ask for status updates of all international GDPR cases with all the Member State Data Protection Authorities (DPAs) every other month. This in response to a formal complaint by the Irish Council for Civil Liberties starting in 2021 about the footdragging of the Irish DPA in their investigations of BigTech cases (which mostly have their EU activities domiciled in Ireland).
The GDPR, the EU’s data protection regulation, has been in force since mid 2018. Since then many cases have been progressing extremely slowly. To a large extent because it seems that Ireland’s DPA has been the subject of regulatory capture by BigTech, up to the point where it is defying direct instructions by the EU data protection board and taking an outside position relative to all other European DPA’s.
With bi-monthly status updates of ongoing specific cases from now being requested by the EC of each Member State, this is a step up from the multi-year self-reporting by MS that usually is done to determine potential infringements. This should have an impact on the consistency with which the GDPR gets applied, and above all on ensuring cases are being resolved at adequate speed. The glacial pace of bigger cases risks eroding confidence in the GDPR especially if smaller cases do get dealt with (the local butcher getting fined for sloppy marketing, while Facebook makes billions of person-targeted ads without people’s consent).
So kudos to ICCL for filing the complaint and working with the EU Ombudsman on this, and to the EC for taking it as an opportunity to much more closely monitor GDPR enforcement.
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