Data Protection Commission - Senior Litigation Lawyer (AP Higher)

The Role

The volume and complexity of litigation involving the DPC has increased significantly in recent years, reflecting the expanding scope of data protection law, the evolving regulatory environment, and the high\-profile nature of the Commission’s enforcement activities.

The appointment of a Senior Litigation Lawyer is necessary to ensure that the DPC has the in\-house expertise and experience required to manage litigation effectively and to safeguard the organisation’s regulatory and enforcement functions.

The Senior Litigation Lawyer is a senior specialist role within the Legal Unit of the DPC, with responsibility for the management and progression of complex litigation before the Superior Courts arising from the exercise of the DPC’s statutory functions, working under the overall direction of the Director of Legal Affairs.

The postholder will manage high\-risk and high\-profile litigation matters on behalf of the DPC, including judicial review proceedings, statutory appeals and other enforcement\-related litigation. In doing so, the Senior Litigation Lawyer will contribute to the development and implementation of litigation strategy, in accordance with the DPC’s governance framework and under the guidance of the Director of Legal Affairs and in a manner consistent with the DPC’s regulatory objectives and public law obligations.

In addition to this litigation\-led remit, the Senior Litigation Lawyer will contribute to high\-level legal advisory work across the organisation, reflecting the seniority of the role and the integrated nature of the DPC’s legal functions. This will include advising on enforcement strategy, regulatory decision\-making and legal risk in complex or novel matters, particularly where litigation considerations arise or are likely to arise.

Positioning of the Role

This role is positioned at Assistant Principal Higher in recognition of the complexity, risk and accountability associated with the litigation on behalf of the DPC.

The Senior Litigation Lawyer will act as a senior litigation specialist and escalation point within the Legal Unit, inputting on litigation strategy and engaging on behalf of the DPC with external legal advisors. The role involves significant professional judgment, autonomy and responsibility, including decision\-making in time\-critical and high\-stakes contexts.

While the role is litigation\-focused, the postholder will operate within the broader legal and regulatory environment of the DPC and will be expected to engage constructively with colleagues across the organisation, including regulatory, investigative and policy teams. The ability to translate litigation considerations into practical regulatory advice is an important aspect of the role and ensures that legal risk is appropriately managed across the lifecycle of enforcement activity.

Context within the DPC

The Senior Litigation Lawyer is a senior specialist role within the DPC, established primarily to build on the organisation’s capacity to manage complex litigation arising from the exercise of its statutory functions. While the immediate vacancy associated with this competition arises within the Legal Unit, the competition is intended to establish a panel from which appointments may be made to senior litigation roles, and where appropriate to senior advisory legal roles, across the organisation as business needs arise.

The postholder will operate at an organisational level, providing leadership and expertise in relation to litigation and enforcement\-related legal risk. This includes working closely with senior colleagues across regulatory, investigative, enforcement and policy teams to ensure that litigation considerations are appropriately integrated into decision\-making and enforcement strategy. The advisory aspects of the role arise primarily in support of this litigation\-led function, particularly in complex or novel matters where litigation is ongoing or reasonably anticipated, and overall management of legal risk across the DPC.

The establishment of this panel reflects the DPC’s need to maintain access to senior legal expertise with substantial and demonstrable litigation experience before the Superior Courts, capable of being deployed flexibly to address high\-risk court proceedings and related enforcement activity. Any appointments made from the panel will reflect the seniority, expertise and breadth of experience required at Assistant Principal Higher level and will be aligned with organisational priorities at the time of appointment.

Principal Duties

The duties of the Senior Litigation Lawyer will include, but are not limited to, the following:

Litigation

• Lead and manage in consultation with the Director of Legal Affairs, other internal stakeholders, external legal advisors and Counsel as appropriate, complex litigation on behalf of the DPC, including judicial review proceedings, statutory appeals and other enforcement\-related litigation arising from the exercise of the DPC’s statutory functions.


• Act as a senior litigation specialist for the organisation, contributing to and advising on litigation strategy, managing litigation risk, and ensuring that proceedings are progressed effectively, efficiently and in accordance with the DPC’s governance framework and public law obligations.


• Take primary responsibility for the day\-to\-day management of litigation files, including assisting in the preparation and oversight of pleadings, affidavits, submissions and other court documentation, and for ensuring compliance with court directions and procedural requirements.


• Instruct and liaise with external legal advisors and Counsel as required, including contributing to the strategic direction of proceedings and managing the relationship with external legal service providers in line with agreed litigation strategy and governance arrangements.


• Advise senior management on litigation\-related matters, including the assessment of legal risk, prospects of success and the potential implications of litigation outcomes for the DPC’s regulatory and enforcement functions.


• Represent the DPC, as required and appropriate, in dealings with external stakeholders in relation to litigation matters, including court appearances and engagement with other public bodies or regulators.

Enforcement and Regulatory Legal Support (Supporting Function)

• Provide senior legal input to enforcement activity where litigation is ongoing or reasonably anticipated, ensuring that regulatory decision\-making is informed by litigation considerations and that legal risk is appropriately managed throughout the enforcement lifecycle.


• Advise on the legal aspects of enforcement strategy, including the interaction between investigative processes, decision\-making and subsequent court proceedings.


• Support the development and refinement of enforcement processes and procedures, drawing on litigation experience to strengthen the robustness and defensibility of the DPC’s regulatory actions.

Advisory and Organisational Support

• Contribute to high\-level legal advisory work across the organisation, particularly in complex, novel or high\-risk matters where litigation considerations arise or are likely to arise.


• Provide senior legal advice to regulatory, investigative, policy and operational teams on matters of law and procedure, with a particular focus on mitigating litigation risk and supporting effective enforcement outcomes.


• Assist in the development of internal guidance, policies and training materials, as appropriate, to enhance organisational understanding of litigation risk and legal obligations.

Leadership, Governance and Professional Contribution

• Act as a senior legal resource within the organisation, providing leadership, mentoring and support to legal colleagues in relation to litigation matters and complex legal issues.


• Providing coaching, mentoring, guidance and development to more junior members of the team


• Contribute to the effective governance of the Legal function, including supporting knowledge management, continuous improvement in litigation management, legal risk oversight and engagement with external legal service providers.


• Maintain up\-to\-date knowledge of developments in data protection law, public law, litigation practice and relevant jurisprudence, and apply this knowledge proactively in the performance of the role.


• Carry out any other duties appropriate to the grade and role, as assigned by senior management.

Please note:

The above is a general guide to the key duties and responsibilities of the role and is not an exhaustive description. Other duties and responsibilities appropriate to the role may also be assigned from time to time.

ENTRY REQUIREMENTS

Essential Criteria

Candidates must, on or before the closing date for receipt of applications, demonstrate all of the following:

• Professional Qualification

Be a qualified solicitor or barrister who is eligible to practise in the State and hold a valid practising certificate.

• Significant Litigation Experience

Have a minimum of four years’ post\-qualification experience practicing before the Superior Courts, including experience of conducting or managing proceedings in the High Court and/or appellate courts, including at least two of the following:
+ judicial review proceedings,
+ statutory appeals,
+ regulatory or enforcement\-related litigation, and
+ high\-risk or high\-profile court proceedings.

• Litigation Strategy

Demonstrate experience of taking primary responsibility for litigation matters, including contributing to the development of litigation strategy, managing litigation risk, instructing counsel and/or external legal advisors, and advising senior decision\-makers on prospects, risk and outcomes.

• **Public

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