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Data retention regimes must be broad in order to be effective, expert tells Dwyer action

Summary

Professor Michael Clarke, a national security expert, testified in the High Court that broad data retention regimes are necessary for effective crime detection. Giving evidence on behalf of the State and the Garda Commissioner, he stated that restricting such regimes would create 'electronic spaces' where criminals could operate with impunity. He noted that retained data is used in 90% of serious crime investigations and 100% of terrorism cases in the UK. Prof. Clarke argued that targeted retention schemes are not operationally feasible and that general retention is required for effective evidence gathering. He acknowledged that accessing retained data raises privacy issues, though he maintained that retention itself does not constitute surveillance. This testimony was provided during the sixth day of an action brought by Graham Dywer against the State and the Garda Commissioner. Dywer claims the 2011 Communications (Retention of Data) Act breached his privacy rights, arguing it suffers from flaws identified by the European Court of Justice. The Act allowed Gardaí to obtain mobile phone data generated during his 2015 trial for the murder of childcare worker Elaine O'Hara. Dywer, who denies killing Ms. O'Hara, seeks declarations that his constitutional and human rights were violated. His appeal against his conviction is currently pending before the Court of Appeal. The State opposes Dywer's application. The hearing before Mr Justice Tony O'Connor continues.

Who, what, where, when and why

What: Report matter: Data retention regimes must be broad in order to be effective, expert tells Dwyer action. Procedural stage: appeal

When:

• 2018-03-06 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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