European Union: European Data Protection Supervisor appealed Case T-557/20 concerning EDPS decision on SRB's data sharing practices

On 5 July 2023, the European Data Protection Supervisor (EDPS) appealed a judgement in Case T-557/20. The EDPS claimed that the Court of Justice should set aside in its entirety the judgement of the General Court, give a final judgement in the dispute, and order the SRB to pay the costs of the appeal proceedings and of the proceedings before the General Court. It made this claim on two grounds. First, the EDPS claimed that the General Court had made an incorrect interpretation of Article 3(1) and 3(6) of Regulation 2018/1725, which was interpreted for having required the EDPS to assess whether the information at stake in the case was personal data. The General Court had also omitted to give consideration to the notion of pseudonymisation. Second, the EDPS claimed incorrect interpretation of Article 4(2) and 26(1) of Regulation 2018/1725, by omitting to give any consideration to the principle of accountability. The EDPS objects to the finding that it should have proven that the SRB had effectively anonymised the personal data it was processing.