Irish Data Protection Commission Triggers the Dispute Resolution Mechanism

21/08/2020


Irish Data Protection Commission Triggers the Dispute Resolution Mechanism

For the first time since the GDPR came into force, a matter  has been referred to the European Data Protection Board (EDPB) to adopt the binding decision under Article 65 of the GDPR. In May 2020, the Irish Data Protection Commission (DPC) has submitted the  draft decision in relation to a statutory inquiry it has completed into Twitter, to other concerned Supervisory Authorities for their opinions and views. Some of the authorities have raised objections and the DPC has triggered the Dispute Resolution Process. The EDPB has one month to adopt the binding decision in this case, by two-thirds majority members of the EDPB. That period can be extended by another month in complex cases. If the decision cannot be made within that period of time, then the decision shall be reached by a simple majority. Where the members of the EDPB are split, the Chair will have a deciding vote.


As a reminder, the DPC has opened statutory inquiry into Twitter at the beginning of 2019. The investigation was focused on Twitter’s obligations under the GDPR, namely Article 33 obligations.In late 2018, the DPC had opened another statutory inquiry into Twitter’s compliance with relevant provisions of the GDPR following a number of breach notifications.


Photo by Drew Beamer on Unsplash.