ICCL files European Commission complaint over DPC Commissioner appointment

The Irish Council for Civil Liberties (ICCL) has filed a formal complaint with the European Commission challenging the appointment of the Data Protection Commission's (DPC) latest Commissioner, Niamh Sweeney. The ICCL argues that Sweeney is an inappropriate choice given the DPC's mandate to regulate large technology companies. Sweeney previously worked as head of public policy at Facebook Ireland from 2015 to 2019, before moving to WhatsApp in 2019 as EMEA director of public policy. Then, in 2021, she moved to Stripe, an online payments merchant, as head of communications, before joining UK-based public relations firm Milltown Partners, which has several big tech clients.

The complaint alleges that Ireland failed to provide adequate safeguards for independence and impartiality in the appointment process. The ICCL also challenges the legal basis of the appointment, claiming a potential conflict of interest within the selection panel. The organisation noted that the panel lacked technical experts, and the only member with data protection expertise was a "big tech lawyer" who may be conflicted by close association with technology sector clients. The DPC has declined to comment on the matter.

While the Commission does not have any say over DPC appointments, it can review whether EU General Data Protection Regulation (GDPR) independence requirements have been met, and can initiate proceedings against Ireland before the Court of Justice of the European Union (CJEU). 

Training Announcement: Freevacy offers a range of independent data protection qualifications from IAPP and BCS. Our certified courses are available at foundation and practitioner levels and cover multiple legal jurisdictions, data protection operations management, and the implementation of complex privacy solutions in technical environments. Find out more.