“UK privacy chief denies conflict of interest in new role” —

• “UK information commissioner will join a private law firm that represents technology companies she used to regulate, raising questions about conflicts of interest and drawing ‘revolving door’ criticisms”
• “The UK’s outgoing information commissioner Elizabeth Denham is set to join global law firm Baker McKenzie, which previously defended Facebook against privacy enforcement by her office.”
• “According to a press release from Baker McKenzie, Denham will join the firm’s London office from January 2022 as part of its global data and technology team, where she will work as a consultant to advise its clients on data protection best practice, strategy and wider technology regulation trends.”
• “However, Denham’s exit from her regulatory role straight into a private sector job representing the companies she used to oversee the behaviour of has led some to decry the revolving door between regulators and industry.”
• “Andrew Pakes, deputy general secretary and research director at union Prospect, said: “The revolving door between regulator and business speaks volumes about the lack of transparency in the world of Big Tech. It simply should not be possible for someone to be regulating one day and then potentially advising someone how to avoid that regulation the next.”
• “Estelle Massé, global data protection lead at global human rights organisation Access Now, noted that the announcement of Denham’s new job comes just two days after she formally left the ICO on 30 November 2021. ‘The timeline of the move raises serious questions of independence and possible conflicts of interest. Was the commissioner in talks with Baker McKenzie for a job while investigating some of the companies the law firm represents, including Facebook? Was the ICO staff notified of possible conflicts of interest and what measures were taken to avoid them? The former commissioner and ICO should answer these questions,’ she said. ‘This case shows how crucial ensuring the independence of data protection authorities is. There should be clear rules and processes around positions that commissioners and DPA staff can move to limit conflicts of interest.'”
• “In response to whether she sees a conflict of interest, Denham said: ‘No. I understand why this question is being asked, and it is completely valid. Both I and Baker McKenzie are very conscious of the need to respect my previous regulatory role and responsibilities, as well as all confidentiality and professional obligations that arise from them. All of this has been considered and planned for appropriately.'”

“Conflict Bumps Retired Del. Judge From Scouts’ Ch. 11 Panels” —

• “Retired U.S. Bankruptcy Judge Kevin J. Carey was removed Tuesday as a mediator in the Boy Scouts of America Chapter 11, with a judge in that case citing conflicts created by his also-scuttled proposed appointment as a special reviewer for some post-confirmation settlement trust proceedings.”
• “U.S. Bankruptcy Judge Laurie Selber Silverstein said during a teleconference hearing that Carey’s impartiality as a mediator had been called into question by his selection by the Scouts for a proposed post-confirmation position as initial special reviewer. The job in part involves disputed settlement trust claim proceedings for alleged victims of sexual abuse.”
• “Judge Silverstein said the debtors identified Carey as the initial special reviewer in a recently filed plan supplement, noting that she “had to go and find out what that was” because there had not been any prior court discussion. ‘That is a nonstarter. I will not be approving that selection’ for initial special reviewer, the judge said, adding afterward: ‘To put it simply, Mr. Carey now has a stake in the outcome of the mediation.'”
• “Judge Carey, contacted by email, declined to comment on the development Tuesday afternoon. He became a partner with Hogan Lovells in late 2019, after his retirement, with Judge Silverstein approving him as a mediation panel member in June 2020.”