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An adviser to the Court of Justice of the European Union (CJEU) on Thursday backed WhatsApp in its legal battle with the European Data Protection Board (EDPB), suggesting the media company’s challenge against the privacy watchdog should proceed. The opinion could open the door for companies to more directly contest decisions by the EDPB.

Advocate General Tamara Ćapeta issued a non-binding opinion stating that “WhatsApp’s challenge of the EDPB decision is admissible and the case should be referred back to the General Court for a decision on the merit.” Ćapeta rejected the General Court’s view that the EDPB’s decision was merely preparatory and not subject to judicial review. She emphasized that the board’s decision had binding legal effects, particularly on the Irish supervisory authority, which was obligated to modify its draft decision and increase the fine. These legal effects, she argued, were sufficient to qualify the decision as a “challengeable act” under Article 263(1) of the Treaty on the Functioning of the European Union (TFEU).

Ćapeta further reasoned that WhatsApp was “directly concerned” by the EDPB’s decision under Article 263(4) of the TFEU because the Irish authority had no discretion to deviate from the EDPB’s instructions. Ćapeta criticized the lower court for requiring that the EDPB’s act be “enforceable” against WhatsApp or represent the “final step” in the administrative process. She explained that these additional conditions are not found in the treaty and improperly narrow the scope of access to judicial review.

The advocate general also warned against a procedural gap in the EU’s system of judicial remedies. She noted that if WhatsApp were denied standing to challenge the EDPB decision directly, the company could also be prevented from later contesting that decision in national court proceedings due to the EU’s rule against indirect challenges when a direct action would have been possible. In her view, this interpretation would undermine the effectiveness of EU judicial protection.

The case stems from a €225 million fine imposed by Ireland’s Data Protection Commission (DPC) on WhatsApp for breaching multiple provisions of the General Data Protection Regulation (GDPR). In particular, the DPC based its claim on a probe it conducted to investigate whether WhatsApp fulfilled its obligations to provide transparent information under the GDPR. The probe concluded that WhatsApp failed to adequately inform users about data transfers between WhatsApp and its parent company Meta. The European Data Protection Board (EDPB) later intervened and issued a binding decision on WhatsApp to cease its violations of the relevant GDPR provisions within three months.

WhatsApp challenged the EDPB’s involvement, but a lower tribunal dismissed the challenge in 2022. The tribunal found that WhatsApp had no legal standing to sue the EDPB directly, as the Board’s decision did not directly affect the company. However, it noted that WhatsApp could pursue the matter in a national court by challenging the Irish fine. In 2023, WhatsApp appealed to the CJEU, Europe’s highest court. By , Jurist News

 

Three suspects linked to the death of 17-year-old Gaala Aden in Wajir County have been arrested, police said. Police spokesperson Muchiri Nyaga confirmed the arrests in a statement on Saturday, March 29, saying that officers acted swiftly to apprehend the suspects, including the minor’s alleged husband. 

The suspects will be arraigned in court. Authorities condemned the incident and urged patience as investigations continue. They also warned against harmful cultural practices. 

“NPS condoles with the family of the victim while asking the public to desist from harmful cultural practices while letting children be just that- children,” said Nyaga.

On Friday, activists and family members staged protests in Wajir town, demanding justice for the teenager.

Demonstrators condemned the brutal killing and accused security agencies of failing to act, alleging that authorities shielded the perpetrator from accountability. 

Gaala was reportedly murdered after refusing a forced marriage to a 55-year-old man. She was allegedly killed just 27 days into the marriage, with reports indicating she was set on fire.

A refugee at Dadaab camp, the minor had recorded a voice note to her mother shortly before her death, describing the abuse she endured. 

“I am being beaten every night—24 hours I am being beaten. This is not a man. I was betrayed into marrying this herder. Why is my face swollen?” she said in the recording.

The killing has sparked public outrage, with renewed calls for justice and an end to cultural practices that violate women’s rights in Kenya.

The incident follows another case in Nyamira County, where a widow was assaulted for refusing to bury her husband. By Betty Njeri, The Standard

The International Finance Corporation (IFC) is evaluating a significant new investment in Airtel Africa aimed at supporting its telecommunications operations in East Africa. The proposal involves a total commitment of $100 million, with $70 million earmarked for Airtel Kenya and $30 million for Airtel Rwanda. 

This funding is primarily designated for capital expenditures (CAPEX) essential for expanding network infrastructure and modernizing the services offered by the two subsidiaries. Additionally, a portion of the funds will be allocated to refinancing existing debt, thereby strengthening Airtel Africa's financial health in these markets.

This potential investment builds on IFC's prior engagements with Airtel Africa, which included two financing arrangements in 2022 and 2024. The first financing package, valued at $194 million, supported operations across several countries, including the Democratic Republic of Congo (DRC), Kenya, Madagascar, Niger, and Zambia. The second deal, amounting to $200 million, was aimed at enhancing operations specifically in the DRC, Rwanda, and Kenya, with an emphasis on promoting financial inclusion through Airtel Money services.

Airtel Africa’s latest capital injection is part of a broader expansion strategy to bolster its position in the African telecommunications sector and address the increasing demand for services such as broadband internet. Currently, Airtel operates in 14 African countries, primarily across East, Central, and West Africa, boasting a customer base of approximately 156.6 million as of 30 September 2024. Source: African Wireless Communications

Photo Danny Lawson. PA Images

The UK Government should improve its response to future energy price spikes as households face “world-beatingly high” bills, Parliament’s spending watchdog said.

Electricity bills in 2023 were the highest among comparable countries, with consumers owing £3.7 billion for gas and electricity in 2024, more than double the amount in 2021, the Public Accounts Committee’s report said.

The PAC urged the Department for Energy Security and Net Zero (DESNZ) to improve support for households vulnerable to fuel poverty and create a clear plan and timeline for policy decisions to make bills cheaper.

Chairman of the committee Sir Geoffrey Clifton-Brown said: “Sharp moves in energy prices in the future must find Government fully prepared to issue targeted and effective support, with those most in need the focus of that support.

“We cannot see a repetition of precious funds being beamed out across the spectrum to those who do not require help.

“This approach is all the more important when our report shows some households remain exposed, at a time when the UK’s electricity bills appear world-beatingly high and debt weighs down bill-payers’ finances to an alarming degree.”

‘Slow to learn’

The PAC said the DESNZ has been slow to learn from past energy price spikes and cannot yet target support effectively, as some people who did not need help still received aid from the £44 billion energy bill support schemes.

It urged the DESNZ to develop more financial support for consumers in time for next winter, saying the department and energy regulator Ofgem “are not doing enough” to ensure people falling into debt with their energy bills receive proper advice and support.

The report read: “We remain concerned that even after the crisis has subsided, UK electricity bills are the highest of the countries providing comparable data to the International Energy Association.

“The UK had the highest electricity price out of 25 countries reporting both domestic and industrial electricity prices in 2023, (including taxes and levies) and electricity is currently four-times more expensive than gas.

“Despite repeated promises, the department has delayed taking action to rebalance energy prices by shifting the cost of environmental levies from electricity to gas.

“In addition, the department is reviewing how electricity prices are set for households so that they can benefit from cheaper rates if demand is low or when the weather means more energy is produced.

“But this review has been running for three years and remains on an uncertain timetable, meaning it is unclear when consumers will start to see the benefits through reductions to their bills.”

Plan

The PAC said the DESNZ must do more to convince Parliament that it has a “robust plan” for ensuring security of energy supply amid increasing global tensions.

An Ofgem spokesperson said: “We know the cost of energy is a huge challenge for many households.

“If anyone is worried about paying their bills, we urge them to contact their supplier or groups like Citizens Advice to make sure they’re getting all the help they can. Switching or fixing tariffs now, where possible, could also help consumers to bring costs down.

“We’ve introduced tougher rules to make sure energy companies do more to spot the signs when a customer may be struggling and step in to offer support, including working out affordable payment plans and providing emergency credit to reduce the risk of self-disconnection.

“We have also made pre-payment meters the cheapest way to pay for energy, and are consulting on plans to introduce a scheme that could provide direct support to those struggling with unmanageable levels of debt.

“We continually monitor the service suppliers are providing to their customers and where they are falling short, we hold them to account. However, the issue of debt is one that requires action from everyone across the sector and government.”

Price shocks

A Department for Energy Security and Net Zero spokesperson said: “Our mission for clean power is the only way to protect UK billpayers from future price shocks.

“The 2022-23 energy crisis, which saw sky-high energy bills and put pressure on households and businesses across the country, was a product of our reliance on gas for heating and powering our homes. We will bring down bills for good by moving towards a clean, homegrown power system that we control.

“We are also rolling out support for consumers, including through proposals to expand the Warm Home Discount to almost three million more households next winter, and allocating £1.8 billion of funding to create warmer, more energy-efficient homes across England.”  Source: Nation.Cymru

A mobile court established in the Greater Pibor Administrative Area (GPAA) by the Judiciary in mid-March is racing with time to hear a backlog of 429 major cases in Pibor Town.

GPAA Local Government Minister Peter Ajany Kaimoi told Radio Tamazuj that hearing and trial of the cases have been ongoing for about two weeks. He said those to be convicted of capital offenses will be transferred to Juba to serve their jail terms.

“About two weeks ago, the Judiciary of South Sudan deployed a team of judges to address a backlog of 429 major cases, including murder and robbery cases,” he explained. “These cases filed up because we do not have judges.”

The minister hailed the deployment of judges as a relief and said a lack of judiciary in GPAA created a culture of impunity.

“Customary law only addresses culture-related offenses,” he said. “Major crimes, including murder and theft of huge money, require a judiciary, yet since the inception of GPAA, we have not had a judiciary.”

Minister Ajany appealed for the establishment of a permanent court to foster peace and justice in Pibor.     

GPAA was established in 2014 by a presidential decree that carved Pochalla and Pibor counties from the rest of Jonglei State.

The area has witnessed a vicious cycle of inter-communal violence and other crimes. Since its establishment, the area has been run without a constitution or judiciary. Radio Tamazuj

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