27 July 2022
ICCL welcomes the Government’s decision to appoint two additional Data Protection Commissioners. We have repeatedly called for this measure and believe it may strengthen the Data Protection Commission (DPC); but this decision must be supported by other key reforms.
Independent Selection and Appointment
To restore confidence in the DPC’s ability to uphold its responsibilities, the Government must ensure a robust and completely independent process to select the best candidates for these posts. It is essential that candidates demonstrate expertise as robust investigators and enforcers. The DPC must fulfil its potential as a credible enforcement agency.
We agree with the Oireachtas Justice Committee’s recommendation from April 2021 that at least one incoming Commissioner should have expert knowledge of procedural law to ensure a high quality of decision making by the DPC. This will protect access to justice and ensure efficient use of the DPC’s budget.
ICCL believes that as part of this process, there should be an independent and objective process to decide which of the three Commissioners shall be Chair.
Urgent need for an independent review
Speaking today, ICCL Executive Director Liam Herrick said:
“While the appointment of additional Commissioners is welcome, we remain deeply concerned that Government has not launched an independent review of how to strengthen and reform the DPC. Without such a review it will be impossible for the new commissioners to know what they need to fix. The Minister’s suggestion that the DPC review itself is totally inadequate”.
The Irish Data Protection Commission (DPC) has been widely criticised for its failure to enforce the General Data Protection Regulation (GDPR) against the Big Tech firms that have European headquarters in Ireland.
Last year the European Parliament demanded the European Commission sue Ireland for of the DPC’s failure at the EU’s highest Court. The European Parliament’s Justice Committee will send a mission to Ireland in September to investigate Ireland’s application of the GDPR.
The EU Ombudsman is also running an inquiry into the European Commission’s failure to monitor Ireland’s application of the GDPR, based on an ICCL complaint.
Last year, the Oireachtas Justice Committee published a report calling on the DPC to urgently start enforcing the GDPR, and called on the Government to launch an independent review of how to strengthen and reform the DPC.
Press contact:
Grace Tierney
grace.tierney@iccl.ie
+353 087 4157162
Relevant documents:
EU Ombudsman’s inquiry
Latest from EU Ombudsman to European Commission President Ursula von der Leyen on ICCL complaint against European Commission
https://www.iccl.ie/wp-content/uploads/2022/07/FURTHER_INQUIRY_202200097_20220719_120145.pdf
DPC’s lack of trained investigators
See Information Commissioner’s decision on FOI to DPC to “refuse access to records relating to the number of DPC staff with investigative training qualifications on the basis that no relevant record containing the information sought exists” on page 6
https://www.iccl.ie/wp-content/uploads/2022/07/OIC-118029-Decision-Standard.pdf
Statistics on DPC performance
Europe’s Enforcement Paralysis https://www.iccl.ie/digital-data/2021-gdpr-report/