Data watchdog 'acutely strained' in investigating tech giant cases  

The Data Protection Commissioner had warned its ability to operate effectively was affecting Ireland’s 'credibility on the world stage'.

The Data Protection Commission warned it was “acutely strained” as it grappled with cases involving giant multinational tech companies and rising complaints from members of the public.

The agency also said it faced an uphill battle as it investigated big technology firms who had access to “disproportionate resources” to fight their corner.

They said the commission was now frequently accused of lengthy delays in its investigations because it was limited in the amount of inquiries it could progress at any one time.

The warnings were contained in a stark pre-budget submission, where the agency pleaded for extra manpower, financing, and a “fit-for-purpose management and organisation structure”.

The record has been made public just as the European Court of Justice issued an opinion that privacy complaints could be taken against tech giants in any EU state, and not just Ireland.

The Data Protection Commissioner had warned its ability to operate effectively was affecting Ireland’s “credibility on the world stage” and that a well-resourced regulator was now a “national and immediate imperative”.

Do you know when you have a right to object to processing of your personal data? https://t.co/btZgaRA1sS pic.twitter.com/RVHtqhtmwo

— Data Protection Commission Ireland (@DPCIreland) January 12, 2021

A copy of the submission – released under FOI – said: “The reason for this request is driven by need, as opposed to any sense of self-aggrandisement on the part of the DPC.” 

It said the international reputation of Ireland was now frequently under attack because of perceived weaknesses in the agency.

“Ireland’s support of its regulator has frequently – and unfairly – been cited as evidence of an overall laxity and linked to a national approach to attracting foreign investment,” said the document.

It said while these views were inaccurate, there was a danger they were becoming a “dominant ideology” that Ireland would have to deal with.

In the budget, the Data Protection Commission ended up receiving just over half of the €4.16m it had sought to bolster its resources.

It was the second year in a row in which the DPC allocation fell far short of what was sought; in 2019, it was granted just €1.6m of the €5.9m it looked for.

The EDPB has created a Support Pool of Experts to support investigations and enforcement activities of significant common interest: https://t.co/2yQ9datwTa pic.twitter.com/OekVIKbwFd

— EDPB (@EU_EDPB) December 21, 2020

The pre-budget submission said Ireland’s role as de-facto regulator for Europe had been “thrust upon [us]” because of the number of multinationals based here.

“Regardless of whether Ireland’s regulatory importance is considered a benefit or not, the fact remains that it is a reality,” it said.

It also warned that increased workload brought about by Brexit created a new exposure to “reputational risk” as it dealt with data sharing between Ireland and the UK

In a statement, the Data Protection Commission said it had very much welcomed the increased funding awarded in last year’s budget.

It said: “[We are] at the frontline of EU data protection regulations and the increased funding provided . . . in what are very difficult economic times, it is vital for the DPC to continue to build its capacity as an internationally respected and effective supervisory authority.

“We very much welcome the fact that the Government has listened and understood the need to adequately resource regulation in this area.”