UN experts warn of Big Tech influence over Ireland’s digital oversight

United Nations-appointed human rights experts have contacted the Irish government to raise concerns about the independence of the country’s privacy regulator and the financial barriers to class actions, citing the risks of “undue influence” from Big Tech firms.

The experts said on Wednesday 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.”

Many tech giants including Apple, Google, Meta and Microsoft have their European headquarters in Ireland, making the country’s privacy regulator, the Irish Data Protection Commission (DPC), the lead European enforcer for EU privacy law.

Irish government authorities have long faced criticism for being too lax on tech giants, whose presence is critical to the country’s economy. Last year, the appointment of Niamh Sweeney, a former lobbyist for Meta, as Ireland’s data protection commissioner reignited criticism from civil society over “the perception and reality of the DPC’s independence.”

The privacy regulator and the government have consistently denied any claims of undue influence.

The U.N.’s Special Rapporteur on the Right to Privacy Ana Brian Nougrères and Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite said the decisions of the Irish DPC “can affect individuals across the European Union,” making its independence “particularly important.”

“Regulatory authorities must be able to take decisions without undue influence, including from the powerful industries they oversee,” they said.

The experts said there are risks associated with having a “revolving door” between regulators and the industries they regulate, and that selection processes to appoint regulators should use “objective, specialized criteria, include impartial selection panels” and “identify potential conflicts of interest before an appointment is made.”

“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 experts also voiced concerns about “financial barriers” to obtaining judicial remedies in Ireland. Irish laws dating back to the 17th century currently restrict third party funding for class action cases, including against Big Tech firms, POLITICO reported earlier this year.

They said these financial obstacles could be particularly challenging for people bringing actions against “well-resourced corporate defendants” and who “cannot realistically bear the costs and risks of litigation alone.”

The experts cited two U.N. reports written by Satterthwaite: one on the improper influence of economic actors on justice systems, and the other on the principles for judicial appointments.

The experts are independent appointees to the U.N. Human Rights Council, and their views do not necessarily represent those of the U.N.

The Irish Data Protection Commission and the Irish government did not immediately respond to a request for comment.