7 proceeded to consider each of the grounds of challenge advanced by FBI to impugn the PDD and the procedures adopted by the DPC. I have concluded that FBI must fail on those grounds of challenge and that it is, therefore, not entitled to any of the reliefs claimed in the proceedings. 10.
I have, however, made certain comments on the manner in which an allegation of
abuse of process was made by the DPC and withdrawn at the hearing and on the refusal by the DPC to provide certain information requested by FBI during the course of the proceedings. I have indicated that I will hear further from counsel as to what, if any consequences, should flow from those comments. 3. Structure of Judgment 11.
It will first be necessary to set out in some detail the relevant factual background
leading up to the DPC’s decision to commence an own-volition inquiry and to issue the PDD in late August, 2020 following the judgment of the CJEU in Schrems II. It will then be necessary to consider the correspondence exchanged between the parties prior to the commencement of the proceedings in mid-September, 2020. I will then outline the relevant procedural history of the proceedings and refer in that context to the terms on which the separate proceedings commenced by Mr. Schrems were resolved as between him and the DPC in mid-January, 2021. After that, I will address the respective contentions of the parties as to the amenability of the judicial review of the decision of the DPC to issue the PDD and to adopt the procedures adopted in respect of its inquiry. I will then turn to consider each of the grounds of challenge advanced by FBI in the proceedings and set out my conclusions in respect of each of those grounds. Finally, I will consider the allegation of abuse of process by the DPC and the allegation made by FBI of breach of the duty of candour by the DPC. I will then provide a summary of my conclusions.
