BRUSSELS, March 27 (Reuters) - Meta Platforms' ( META )

WhatsApp on Thursday got the backing of an adviser to Europe's

top court in its fight against the EU privacy watchdog, which

had ordered the Irish data protection authority to jack up a

fine four years ago for privacy breaches.

The Irish enforcer fined WhatsApp 225 million euros ($242.2

million) in 2021 following complaints about its use of personal

data in Ireland. The higher penalty came after the European Data

Protection Board (EDPB) intervened in the case.

A lower tribunal rejected WhatsApp's challenge against the

EDPB in 2022, saying it has no legal standing to sue the

authority as it was not directly affected by the EDPB's

decision, but that it could go to a national court on the Irish

fine.

WhatsApp subsequently appealed to the Luxembourg-based Court

of Justice of the European Union, Europe's highest.

CJEU Advocate General Tamara Capeta on Thursday faulted the

lower tribunal on its analysis.

"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," Capeta said in a non-binding opinion.

The CJEU, which follows its advisers' recommendations in

four out of five cases, is expected to rule in the coming

months.

The case is C-97/23 P WhatsApp Ireland Ltd v European Data

Protection Board.

($1 = 0.9291 euros)