Appeal brought on 5 July 2023 by the European Data Protection Supervisor against the judgment of the General Court (Eighth Chamber, Extended Composition) delivered on 26 April 2023 in Case T-557/20, Single Resolution Board v European Data Protection Supervisor

(Case C-413/23 P)

Language of the case: English

Parties

Appellant: European Data Protection Supervisor (EDPS) (represented by: D. Nardi, T. Zerdick, P. Candellier, X. Lareo, G. Devin, Agents)

Other party to the proceedings: Single Resolution Board (SRB)

Form of order sought

The Appellant claims that the Court should:

set aside in its entirety the judgment under appeal;

give a final judgment in the dispute;

order the SRB to pay the costs of the appeal proceedings and of the proceedings before the General Court.

Pleas in law and main arguments

In support of the appeal, the Appellant raises the following two grounds:

First ground: Incorrect interpretation of Article 3(1) and 3(6) of Regulation 2018/1725¹ as interpreted by the case-law of the Court of Justice for having required the EDPS to assess whether the information at stake in the case was personal data taking the perspective of the recipient and by omitting to give consideration to the notion of pseudonymisation.

Second ground: Incorrect interpretation of Article 4(2) and 26(1) of Regulation 2018/1725 by omitting to give any consideration to the principle of accountability and having found that the EDPS should have proven that the SRB had effectively anonymised the personal data it was processing.

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¹ Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018, L 295, p. 39).