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Data retention "vital" in fighting crime, UK terrorism expert tells Dwyer action

Summary

The High Court heard evidence on the fifth day of an action brought by Graham Dwyer, who claims Ireland's 2011 Communications (Retention of Data) Act breached his privacy rights. Dwyer, who denies killing childcare worker Elaine O'Hara and has a pending appeal against his conviction, argues the Act is invalid following European Court of Justice rulings. The application is opposed by the State. Barrister David Anderson QC, the UK's former Independent Reviewer of Terrorism Legislation, testified that data retention is of "crucial importance" for investigating serious crimes, citing its use in cases involving human trafficking and child abuse. He stated there is no effective alternative to a general retention regime, noting that targeted approaches are not feasible. In cross-examination, Anderson acknowledged the ECJ's findings but argued the suggested routes for compliance were not productive. Defence expert Professor Michael Clarke testified that data retention itself is "inert" and does not constitute surveillance until the data is actively sifted. The proceedings, presided over by Mr Justice Tony O'Connor, continue.

Who, what, where, when and why

What: Report matter: Data retention "vital" in fighting crime, UK terrorism expert tells Dwyer action. Procedural stage: appeal

When:

• 2018-02-27 Publication

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Stage Appeal

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