Popular Media (ICLE)
Meta v EDPB and What Really Needs to Change in the GDPR
Just as we learn that the European Commission’s “GDPR reform” plan is likely to be a performative window-dressing exercise, the EU General Court again denied direct judicial review of a privacy-fundamentalist guidance document from the European Data Protection Board (EDPB) on “pay or OK.” The EDPB is acting like an unaccountable legislator, issuing theoretically non-binding guidance, which easily becomes the law in action. This occurs even when the guidance extends EU data protection law beyond its intended scope, driven by ideological extremism.