Activists face gross intrusion by Garda
national |
rights, freedoms and repression |
news report 
Tuesday April 22, 2008 11:07
by Stuart
Latest dtaft of EU data retention measures expand Garda powers of request
Ireland has not yet implemented the EU Directive on data retention, a set of measures full of controversy and conflicting interests. The latest draft towards an Irish implementation expands Garda powers to request data on subjects charged with offences attracting a MAXIMUM sentence of 6 months, as opposed to the previous draft in which a MINIMUM sentence of 5 years. Such a broad power would include activists charged with public order offences (obstruction, refusing to move on, placarding), permitting access to the time, number and duration of phone calls and lists of websites visited and IP addresses of data packets sent.
It would seem that only Fiona O'Malley has taken any interest in the civil liberty impacts of the draft text working towards a first Bill implementing the EU Directive in Ireland, having asked for an update on 14 February (http://www.oireachtas.ie/viewpda.asp?DocID=8794 and http://debates.oireachtas.ie/DDebate.aspx?F=SEN20080214...age=6).
In the meantime An Garda appears to have significant leeway to interpret data requests under the Criminal Justice (Terrorist Offences) Act 2005, allowing access to data held over the past 6 YEARS - despite the intervention of the Data Commissioner requiring that the EU Directive and a limit of six MONTHS be imposed as soon as practicable.
An article in today's Irish Times (http://www.ireland.com/newspaper/frontpage/2008/0422/12....html) outlines the issues, but does not do justice to the seriousness of the current lack of legislation, the absence of a Bill discussion link on www.oireachtas.ie (as would be normal for most legislation) and the ongoing "informal" interpretation of anti-Terror legislation in place of the EU Directive.
Comments (1 of 1)
Jump To Comment: 1I had noticed in court cases where mobile phone call and location data has been used (Wayne O'Donoghue / Robert Holohan, Joe / Rachel O'Reilly, John O'Brien / Meg Walsh) that some mobile service company provides the witnesses, not the mobile phone companies themselves. And then when you look at the age of the data and the content, it *might* be far in excess of what the EU legislation requires, except the witness is not a mobile phone company employee and doesn't get asked interesting questions about what they do hold. So it looks like there is actually a pretty little boys' own setup behind the scenes where almost any authority can access almost any data they like, then dress it up for their expert witness to look reasonably compliant.
In reality it seems you just need to give a bit of lip to a garda and a charge, or even preparation for a charge, gives them free reign over every call and internet session you have had in the last four (or six?) years. A garda could even arrange a confrontation just to ask your name and address, and that would be an offence if you even pause in answering.
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