28 September 2023
Statement attributable to Liam Herrick, Executive Director of ICCL, on Government’s advertisement of new leadership roles at the Irish Data Protection Commission:
We welcome the Government’s advertisement of the two roles as Data Protection Commissioners. ICCL has called for this reform of DPC leadership for several years.
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. We urge the Top Level Appointments Committee to have utmost regard to any conflicts of interest that may arise in this appointment.
Ensure no conflicts of interest
Given the special sensitivities of the DPC’s supervision of public bodies and major tech firms, it is especially important that the Public Appointments Service and Top Level Appointments Committee make special arrangements to ensure that there is no conflict or perceived conflict of interest in relation to any entity that might be regulated by the DPC.
For example, the Top Level Appointments Committee could delegate the shortlisting and interviewing of candidates to a specialist board that is entirely clear of any appearance of conflict of interest.
Leaders of entities that are under investigation by the DPC should not have a role shortlisting or interviewing candidates. Nor should private sector organisations with significant ties to data controllers under investigation by the DPC.
We also recommend that the board include independent human rights experts, since the DPC is a body charged with upholding the rights and freedoms of people across the EU.
Strong enforcement candidates
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 enhance the DPC’s decision making. This will protect access to justice and ensure efficient use of the DPC’s budget. It is also essential that at least one incoming Commissioner has demonstrated enforcement experience in complex cases, whether in data protection or in another complex domain such as pharmaceuticals or finance. The DPC must fulfil its potential as a credible enforcement agency.
Select the DPC chairperson
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.
The Government announced that it would appoint the new positions in July 2022. This morning (28 September 2023) the roles were finally advertised on Publicjobs.ie.