Courts / Cork / Report
Access to phone data still being granted in high risk, State security matters, court hears
Summary
In a High Court hearing on 20 December 2018, Mr Justice Tony O'Connor ruled that sections of Ireland's 2011 Communications (Retention of Data) Act contravene EU law and the European Convention on Human Rights. The judge found the Act creates an indiscriminate retention regime, violating Articles 7 and 8 of the EU Charter, and that the State's procedures for accessing retained telephone data lack sufficient judicial review. The ruling applies to the case of Graham Dwyer, who seeks to overturn his murder conviction for the death of childcare worker Elaine O'Hara. Dwyer argues that data from his work phone, used at his 2015 trial, was unlawfully obtained and breached his privacy rights. The State maintains that access to retained data is essential for serious crime investigations. The court will consider the State's submissions and adjourn the matter to January, while Dwyer's lawyers will reply in due course.
Who, what, where, when and why
What: Report matter: Access to phone data still being granted in high risk, State security matters, court hears. Procedural stage: trial
When:
- 2018-12-20 Publication
Why: The sections of the 2011 Act concerning access to retained data contravene EU law and the European Court of Human Rights because there was no prior review by a court of administrative authority for access to telephony data. CNI source report
Case subjects
Applicant
Places mentioned
- High Court
- Central Criminal Court
Topics
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