Irish Data Commissioner Discusses Schrems II, Enforcement And Consent

Fox Rothschild LLP

Fox Rothschild LLP

“I worry that we are caught in a DPA beauty contest of who issues the bigger fine,” said Ireland DPC Helen Dixon in her keynote for Daniel Solove’s Privacy+Security Academy Fall Forum Keynote.

Additional Key Takeaways
  • I am hesitant to list our enforcement priorities because I don’t feel that we are in control of setting the agenda and are reacting to complaints and to issues that arise like the pandemic and the SchremsII judgment.
  • SchremsII didn’t create uncertainty, rather it created too much certainly that isn’t palatable for many.
  • “Let it rip”. Let us first build up a corpus of cases requiring international cooperation between DPA before we can see if the harmonization mechanism is problematic.
  • In reality, cookie consent ends up as just an inconvenience on the person’s way to get the content. Putting more and more elusive control on individuals is not really achieving what we want to achieve.
  • The DPC doesn’t have a bias against legitimate interest. Provided that all the other elements are met, including balancing, transparency and fairness, provide better protection.
  • Legitimate interest could theoretically be used as a legal basis for targeted advertising. EDPB says it’s unlikely but you should do a case by case analysis.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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