Analyzing a new data transfer challenge filed before the EU General Court

Interesting case filed before the EU General Court by a person represented by noyb.eu, now published in the EU Official Journal.
The complainants (the applicant + noyb) had sought access to the European Data Protection Board’s file concerning the EDPB’s Facebook-related binding decision of 5 December 2022.

The EDPB refused to grant access, “on the grounds that the complainants […] are not entitled to a right of access to the file because they were not likely to be adversely affected by the Binding Decision 3/2022

The complainants say that “�adverse affect� is not an element of Article�41(2)(b) of the [EU Charter of Fundamental Rights] and therefore does not need to be fulfilled”.

Even if it were a requirement, the complainants say that such an adverse effect exists for various reasons.

Case number:�T-183/23
Publication in the Official Journal: https://lnkd.in/eU_fuW3d

[Note: this is therefore about access to a file and transparency, not the issue of whether the binding decision is binding upon parties other than the supervisory authority – in case T-709/21, the General Court had considered that the decision was *not* binding upon Meta, and Meta filed an appeal against that – see our write-up on that judgment of the General Court here: https://lnkd.in/eK4Zazev – and the appeal: https://lnkd.in/eu5DSY2a ]

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