Courts / Cavan / Report

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

Summary

In the Special Criminal Court, the State argued that the mass retention of mobile phone data is not unlawful, countering defence claims regarding the admissibility of evidence in the trial of Alan O'Brien, Darren Redmond, and Luke O'Reilly. The defendants, who have all pleaded not guilty to false imprisonment and intentionally causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019, face charges stemming from an alleged abduction and assault. Prosecution counsel Sean Guerin SC submitted that while the use of such data constitutes a serious interference with privacy rights, it is justified by the investigation of serious crime. He cited a recent European Court of Justice decision in a Spanish case, asserting that the legality of data retention is a matter for national courts. Guerin further noted that Irish law mandates retention under the Communications (Retention of Data) Act 2011, and that the Supreme Court has disagreed with the High Court's previous conclusion that such retention was prohibited by the EU. Defence counsel Michael O'Higgins SC had previously argued that gardai broke the law by accessing data from Meteor and Vodafone, alleging repeated violations of privacy rights. The matter is currently at the sentence stage, with Guerin's submissions continuing before Mr Justice Tony Hunt, Judge Gerard Griffin, and Judge David McHugh.

Who, what, where, when and why

What: Report matter: Mass data retention is not unlawful, State argue in Lunney trial. Charges or matters: false imprisonment and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17, 2019. Procedural stage: sentence

When:

• September 17, 2019 Hearing Or Sentence
• 2021-06-14 Publication

Why: He also said that while the information sought to be used in the trial was a "serious interference" with the privacy rights of the accused men, the interference was justified because gardai were investigating "serious crime". CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report