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Ireland's data laws vital for investigation and prevention of serious crime, High Court told

Summary

The High Court has heard arguments in a civil action brought by Graham Dwyer against the State and the Garda Commissioner. Dwyer claims that the 2011 Communications (Retention of Data) Act breached his privacy rights under the Irish Constitution, the European Convention on Human Rights, and the EU Charter. He alleges that the Act, used to obtain his mobile phone records during his 2015 trial for the murder of Elaine O'Hara, is invalid following a 2014 European Court of Justice ruling that struck down the underlying 2006 EU directive. Dwyer seeks declarations that his privacy rights were breached. The State, represented by Brian Murray SC, opposes the action, arguing that the general data retention scheme is vital for detecting, investigating, and preventing serious crime, including terrorism. Counsel stated that a more targeted regime would be unworkable and potentially discriminatory, noting that Dwyer had no prior criminal record and lived in an area not typically associated with serious crime. The State further argued that Dwyer was aware of the data acquisition in 2013, prior to the ECJ decision, and that his challenge was lodged around the time of his trial. Dwyer denies killing Ms. O'Hara, and his appeal against his conviction is currently pending before the Court of Appeal. The matter before Mr Justice Tony O'Connor was adjourned and continues next Tuesday.

Who, what, where, when and why

What: Report matter: Ireland's data laws vital for investigation and prevention of serious crime, High Court told. Procedural stage: appeal

When:

• October 2013 Incident
• April 2014 Hearing Or Sentence
• 2018-02-23 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report