The company claims that several sections of the Data Protection Act 2018 are unconstitutional.
The Irish Data Protection Commissioner’s (DPC) fine of €310 million against LinkedIn Ireland was so severe in nature as to constitute a criminal sanction, the High Court has ruled.
The Microsoft-owned company brought a judicial review action and appeal against the DPC’s recent decision to impose the fine and order it to harmonise its data processing with European law.
LinkedIn claims that in imposing such a heavy fine and other reprimands, the DPC failed to exercise limited functions and powers of a judicial nature within the meaning of the Constitution.
It claims that various sections of the Data Protection Act 2018 relating to the powers of the commission are contrary to the Constitution, the Charter of Fundamental Rights and the State’s obligations under the European Convention on Human Rights.
Eoin McCullough SC, on behalf of LinkedIn Ireland, said the judicial review should run alongside his client’s linked legal appeal. Both cases have been adjourned until early next year.
LinkedIn is asking the High Court to overturn the DPC’s decision last October, which was made following a complaint to the French data controller in 2018 by a French non-profit organisation called La Quadrature du Net.
The DPC is LinkedIn’s lead European supervisory authority, with EU headquarters in Dublin.
In a statement announcing its decision, the DPC said that LinkedIn had obtained its users’ consent for their personal data to be sent to third parties to create targeted advertising. However, as required under the General Data Protection Regulation (GDPR), it found that consent was ‘not freely given, not sufficiently informed or not specific or unambiguous’.
LinkedIn issued a statement in response, saying that it believes it is compliant with the GDPR but is working to ensure that its advertising practices meet the judgement in a timely manner.
In its application to the High Court, LinkedIn Ireland stated that the DPC’s preliminary draft investigation decision proposed to impose administrative fines of between €430 million and €490 million. The company states that the proposed fines have been reduced following further applications.
LinkedIn claims that the eventual imposition of an administrative fine of EUR 310 million is an ‘inherently criminal or penal’ sanction due to its size. The company claims that this gravity entitles it to a fair and public hearing before an independent and impartial tribunal and the presumption of innocence as provided for in the Charter of Fundamental Rights.
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