UN-appointed human rights experts have warned the Irish government about the independence of the country's privacy oversight body and financial barriers to collective actions, raising concerns about the dangers of "improper influence" from big tech companies.
Potential Improper Influence on Regulatory Bodies
The experts stated on Wednesday that the independence of data protection bodies and effective access to courts for safeguarding privacy rights is "crucial", especially when powerful tech companies are involved.
Many tech giants, including Apple, Google, Meta, and Microsoft, have their headquarters in Ireland, making the Data Protection Commission (DPC) Ireland's primary body for enforcing EU privacy laws.
Criticism of the Irish Government
Irish government officials have long faced criticism for being too lenient towards tech giants, while the presence of these companies is vital for the country's economy. Last year, the appointment of Niamh Sweeney, a former Meta lobbyist, as Ireland's Data Protection Commissioner reignited civil society's concerns about the "perception and reality of DPC independence".
The Privacy Commissioner and the government have consistently denied any claims of improper influence.
Anna Brian Nograss, UN Special Rapporteur on the right to privacy, and Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers, stated that DPC's decisions "can affect individuals across the EU" and therefore its independence is "very important".
The experts emphasized the need for regulatory bodies to be able to make decisions without improper influence, including from the powerful industries they oversee.
Financial Barriers to Accessing Justice
The experts also expressed concerns about "financial barriers" to obtaining judicial redress in Ireland. Laws dating back to the seventeenth century currently limit third-party funding for collective actions, including against big tech companies.
They stated that these financial barriers can be particularly problematic for individuals taking action against "corporate defendants with high financial resources" who "cannot bear the costs and risks of legal actions on their own".
The experts referenced two UN reports authored by Satterthwaite: one on the improper influence of economic actors on judicial systems and another on the principles of judicial selection.
The independent experts are appointed to the UN Human Rights Council, and their views do not necessarily reflect the positions of the UN.
The Data Protection Commission and the Irish government did not immediately respond to requests for comment.
