Key facts
- UN experts Ana Brian Nougrères and Margaret Satterthwaite said the Irish DPC's decisions affect individuals across the European Union.
- The experts said selection of regulators should use objective criteria and impartial panels and identify conflicts of interest.
- The experts said 17th-century Irish laws restrict third-party funding for class actions, including against technology firms.
- The Irish DPC and the Irish government did not immediately respond to a request for comment.
- The experts are independent appointees to the UN Human Rights Council and their views do not necessarily represent those of the UN.
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 risks of "undue influence" from large technology firms. The experts said on Wednesday, November 4, 2026, 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 technology companies, including Apple, Google, Meta and Microsoft, have their European headquarters in Ireland, making the Irish Data Protection Commission the lead European enforcer for EU privacy law. The Irish government has long faced criticism for being too lax on technology companies, 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 regulator and the government have consistently denied any claims of undue influence.
The UN'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." They said: "Regulatory authorities must be able to take decisions without undue influence, including from the powerful industries they oversee."
The experts said there are risks associated with a "revolving door" between regulators and the industries they regulate, and that selection processes should use "objective, specialized criteria, include impartial selection panels" and "identify potential conflicts of interest before an appointment is made." They 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 also voiced concerns about "financial barriers" to obtaining judicial remedies in Ireland. Irish laws dating back to the 17th century restrict third-party funding for class action cases, including against technology firms, POLITICO reported earlier this year. The experts said these obstacles could be particularly challenging for people bringing actions against "well-resourced corporate defendants" who "cannot realistically bear the costs and risks of litigation alone." They cited two UN reports written by Satterthwaite, one on improper influence of economic actors on justice systems and the other on principles for judicial appointments.
The Irish Data Protection Commission and the Irish government did not immediately respond to a request for comment.