The complaint, concerning Google’s handling of personal data, was filed by Dr. Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, in 2018. Dr. Ryan’s complaint centered on a system allegedly used by Google called ‘Real Time Bidding’ (RTB), which facilitates targeted online advertising based on personal data.

Last year, Mr. Justice Garrett Simons of the High Court dismissed the action, ruling that the DPC was entitled to conduct its own inquiry into the alleged data breach before resuming its investigation into Dr. Ryan’s complaint.

This ruling was appealed to the CoA, which, in a judgment published on Monday, upheld the High Court’s findings.

The DPC, represented by Joe Jeffers SC, opposed the appeal, with Google Ireland as a notice party to the proceedings.

Delivering the CoA’s decision, Mr. Justice Donald Binchy, alongside Mr. Justice Seamus Noonan and Ms. Justice Úna Ní Raifeartaigh, stated that the central ground of the appeal was that the High Court erred in determining the DPC’s decision to defer consideration of Dr. Ryan’s GDPR complaints pending the completion of its own inquiry was lawful.

Dr. Ryan argued that the High Court failed to properly apply the provisions of the GDPR and relevant judgments of the Courts of Justice of the European Union regarding data control, the CoA noted.

Mr. Justice Binchy concluded that he could “find no error in the conclusion of the High Court judge that the decision to prioritize the inquiry and defer handling of the complaint is proportionate and well within the margin of appreciation allowed to a supervisory authority.”

All other grounds of the appeal were either not substantiated or not pursued, the CoA added.