Irish government authorities have long faced criticism for being too lax on tech giants, whose presence is critical to the country’s economy. Last year, the appointment of Niamh Sweeney, a former lobbyist for Meta, as Ireland’s data protection commissioner reignited criticism from civil society over “the perception and reality of the DPC’s independence.”
The privacy regulator and the government have consistently denied any claims of undue influence.
The U.N.’s Special Rapporteur on the Right to Privacy Ana Brian Nougrères and Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite said the decisions of the Irish DPC “can affect individuals across the European Union,” making its independence “particularly important.”
“Regulatory authorities must be able to take decisions without undue influence, including from the powerful industries they oversee,” they said.
The experts said there are risks associated with having a “revolving door” between regulators and the industries they regulate, and that selection processes to appoint regulators should use “objective, specialized criteria, include impartial selection panels” and “identify potential conflicts of interest before an appointment is made.”
“Previous private-sector employment does not automatically compromise independence, but professional relationships, financial interests and continuing obligations require effective scrutiny and, where appropriate, disclosure and recusal safeguards,” the experts said.
