DPC warns proposed new structures for watchdog could slow major inquiries involving tech firms

The Data Protection Commission (DPC) warned the Government that new proposed structures for the organisation could slow down the pace of data protection inquiries involving high-tech companies and other multinationals.

In a pre-budget submission, the DPC said there “simply aren’t enough people” if plans for a new system of governance involving multiple committees were implemented.

In the document, the commission claimed it was “by far the most agile and expeditious” data protection authority in Europe when it came to large-scale inquiries and that this could be compromised by increased procedural bureaucracy. It said: “The new form of administration which has been prescribed ... [will require] more rigidly structured, multilayered protocols that have the potential to decelerate the rate at which the DPC concludes its regulatory inquiries.”

The submission also warned of chronic difficulties in recruiting suitable staff, and said there were long waiting times in getting jobs advertised through the Public Appointments Service.

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It said this had “inevitably caused significant delays to all of the DPC’s 2023 recruitment campaigns and onboarding of new hires”. The document also outlined how the DPC had run into unforeseen delays in moving to a new headquarters in Dublin city centre.

The commission had hoped to be in situ on Pembroke Row by March of last year; however, it said the Office of Public Works (OPW) had since told it the office would not be ready until the end of 2024. “It is important to note that it was not in the DPC’s power to expedite its office move, as the move itself was ultimately dependant on Office of Public Works’ own readiness,” said the submission.

The DPC also said it was looking for approval for more than 30 new staff, which were needed across the organisation. This included a new assistant secretary who was needed to deal with the “significant challenges ... in managing the range and volume of work mandated for the DPC in an efficient and timely manner”.

The commission said it was facing continuing challenges in recruiting permanent legal stuff due to the huge “disparity” between public sector wages and what was available in the private sector. It said a legal budget of €3.8 million would be needed for 2024 due to the “exponential growth” in volume and complexity of the cases it was dealing with.

The DPC said it was currently in the process of closing out a number of large-scale inquiries involving “cross-border processing” of data by large multinational companies across the EU.

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“These inquiries can be highly contentious, with the likelihood that any decision issued will be appealed by one or more of the parties involved,” the submission added. The commission said it had already spent a significant amount of money on such cases, which tended to be “intensive and costly” with very specialised legal advisers required.

The DPC also said it would need an extra €525,000 in funding to pay for two new commissioners, who are to be appointed as part of restructuring plans for the public body.

“As this is a decision of the Government, the DPC has no flexibility with regard to this salary increase, and so must request a budgetary increase commensurate with the increased costs,” said the submission.