UN experts contact Govt over independent data protection

UN experts highlight importance of independent data protection authority to Govt

Updated / Wednesday, 4 Nov 2026 20:42

UN experts have contacted the Irish Government over the importance of having an independent data protection authority.

A report from the UN Special Rapporteur on the independence of judges and lawyers and the UN Special Rapporteur on the right to privacy, found that the independence of data protection authorities and effective access to courts are essential to safeguarding the right to privacy, particularly where powerful technology companies are involved.

"Because many multinational technology companies have their European headquarters in Ireland, the Irish Data Protection Commission (DPC) acts as lead supervisory authority for numerous cross-border cases under the EU General Data Protection Regulation (GDPR)," the experts said.

"Its decisions can affect individuals across the European Union."

The report found that "independence begins with transparent and rigorous appointment procedures".

"Under the GDPR, supervisory authorities must act with complete independence, and their members must be appointed through transparent processes," according to the experts.

"Selection processes should use objective, specialised criteria, include impartial selection panels and identify potential conflicts of interest before an appointment is made," the experts said.

"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.

The Special Rapporteurs said they are in contact with the Government of Ireland on their concerns.
Special Rapporteurs are independent human rights experts appointed by the United Nations Human Rights Council.

They are independent from any government or organisation and their views do not necessarily represent those of the UN.

In September last year, the Government announced the appointment of Niamh Sweeney as a third Data Protection Commissioner.

She has previously held senior positions with technology companies including WhatsApp and Facebook, both run by Meta.

Privacy campaign groups, including the Irish Council for Civil Liberties, complained to the Irish Government and the European Commission expressing concerns about Ms Sweeney's previous roles.

She has said that as Data Protection Commissioner she would not be investigating any matters at Meta that occurred during the years she worked for the company.

The Department of Justice has previously said that it is fully satisfied with the appointment process that led to Ms Sweeney's appointment.