Geneva, November 4, 2026.- 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, UN experts* said today.
“Privacy rights cannot be protected by laws alone,” the experts said. “People need to know that those deciding complaints are independent and impartial, and that they can obtain an effective remedy when their rights are violated.”
The experts said that Ireland plays a central role in European data protection enforcement.
“Because many multinational technology companies have their European headquarters in Ireland, the Irish Data Protection Commission (DPC) acts as lead supervisory authority for numerous cross-border cases under the EU General Data Protection Regulation (GDPR),” the experts said. “Its decisions can affect individuals across the European Union.”
“This responsibility makes safeguards for independence and impartiality particularly important. Regulatory authorities must be able to take decisions without undue influence, including from the powerful industries they oversee.”
The experts emphasised that independence begins with transparent and rigorous appointment procedures. Under the GDPR, supervisory authorities must act with complete independence, and their members must be appointed through transparent processes.
“Selection processes should use objective, specialised criteria, include impartial selection panels and identify potential conflicts of interest before an appointment is made,” the experts said. “Safeguards must address not only actual influence, but circumstances that could reasonably undermine public confidence.”
They pointed to risks associated with the “revolving door” between regulators and regulated industries. The issue has been examined in a report on improper influence of economic actors on the judiciary by the Special Rapporteur on the independence of judges and lawyers. In her 2026 report Principles for judicial appointments, the Special Rapporteur also explained that protections concerning independent and impartial appointments may extend to officials outside the judiciary who exercise determinative adjudicatory powers.
“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.
They were also concerned about financial barriers to obtaining judicial remedies. Ireland’s Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 created a framework for collective consumer redress, yet certain forms of third-party litigation funding remain restricted under Irish law, including rules on maintenance and champerty.
“When legal proceedings require substantial resources, a remedy available on paper may be inaccessible in practice,” the experts said. They warned that such obstacles may also undermine equality of arms, particularly when claimants face well-resourced corporate defendants. “Collective actions are especially important where violations affect large numbers of individuals who cannot realistically bear the costs and risks of litigation alone.”
“Access to justice must be real, not theoretical,” the experts said. “Independent regulation and genuinely accessible judicial remedies are essential to ensuring that economic power does not determine whose rights can be vindicated.”
The experts are in contact with the Government of Ireland on their concerns.