Human rights NGO the Irish Council for Civil Liberties (ICCL) filed a complaint with the Commission about the independence of the Irish Data Protection Commission (DPC) on Tuesday following the appointment of Niamh Sweeney, an ex-Meta lobbyist, as its third commissioner.
Sweeney’s selection to the watchdog’s top job triggered immediate condemnation from privacy activists and civil society groups in light of the DPC’s role overseeing big tech players, including her former employer.
The ICCL’s complaint targets Ireland, rather than the DPC – arguing its failure to ensure an independent appointment process infringes the EU’s treaty, charter of fundamental rights, and General Data Protection Regulation (GDPR). It also attacks the process that led to Sweeney’s appointment.
According to documents first reported by Politico, which the NGO also obtained, the panel selected to appoint the third commissioner was composed of public sector officials but included a lawyer whose firm represents big tech companies. The ICCL argues this raises a question over the panel’s independence.
Its complaint also hinges on the need for an “appearance of independence” – which the NGO argues is important since the DPC supervises the enforcement of the GDPR on many big tech players as a result of how many of these platform giants are established in Ireland.
Asked about the ICCL’s action during its daily press briefing, a Commission spokesperson told reporters that member countries are responsible for staffing national data protection authorities. But he said that appointments must use a transparent procedure, taking into account skills, qualifications, and experience in accordance with the law.
“The Commission is not involved in this process and is not empowered to take action with respect to those appointments,” the spokesperson added.
The DPC was contacted for comment on the ICCL complaint.
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