Cabinet approves plans for an emergency data retention law after Graham Dwyer’s decision

The Cabinet has approved a plan for an emergency law that would allow Gardai to retain and maintain access to data for national security purposes.

A plan to draft a bill to amend the 2011 Communications (Data Retention) Act was proposed by Justice Minister Helen McEntee to address the impact of a recent ruling in the European Court of Justice.

Convicted of challenging the use of mobile phone data by state prosecutors during a murder trial, saying that the state’s common and indiscriminate way of accessing and retaining metadata from Dwire’s mobile phones violated Europe. He ruled in favor of the murderer Graham Dwire, who was sentenced. Acts of Union.

The proposed new law cannot be applied retroactively and will not affect Dwyer’s appeal against his convictions heard by the end of the year.

Minister McKenty said:

“Access to telecommunications data is becoming increasingly important for crime detection, investigation, prosecution, and national security.

“Garda Síochána does a very important job of keeping us all safe, investigating criminals and ensuring that justice is done.

“They must be fully equipped with strong laws and the latest technology to fight crime and keep us safe.”


“Public security, the fight against crime, and the interests of national security may have to negate the absolute right to privacy,” the minister said.

“Although we always need security and protection when it comes to accessing data, we must not be significantly out of balance with keeping people safe and fighting crime,” she continued.

“I will bring a general scheme to the government for approval within the next few weeks, after which I will announce the details of the intended law.”

The proposed law is set to provide amendments to current rules regarding the general and indiscriminate retention of data from telephone and internet communications for national security purposes.

It also promotes “new access rules,” including new types of orders, and enhances Angalda Siochana’s ability to protect and access all forms of electronic data for specific criminal investigations or procedures.

The minister plans to pass the house of Oily Chatas by the summer, “in the light of the urgent need to clarify this area.”

She also plans to drive broader reforms in the area of ​​data retention later this year.

X Cabinet approves plans for an emergency data retention law after Graham Dwyer’s decision

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