Mass data retention is not unlawful, State argue in Lunney trial

At the Special Criminal Court in Dublin, counsel for the State submitted that gardaí were lawfully entitled to access mobile phone data during their investigation into the abduction and assault of Kevin Lunney, a director of Quinn Industrial Holdings. Sean Guerin SC argued that the Court of Justice of the European Union does not prohibit mass data retention, citing a recent Spanish judgment. He contended that while such data use constituted a serious interference with privacy rights, it was justified given the gravity of the alleged crimes. Three men have pleaded not guilty to false imprisonment and intentionally causing serious harm to Mr Lunney at Ballinagh, County Cavan, on 17 September 2019. Defence counsel had previously argued that gardaí breached the law in obtaining phone records from service providers. The Special Criminal Court proceedings continue before Mr Justice Tony Hunt and two other judges.