Graham Dwyer data law challenge awaits legal submissions

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Evidence has concluded in Graham Dwyer’s High Court challenge to Ireland’s data-retention laws, with legal submissions due to begin on Friday. The proceedings were reported on 8 March 2018.

The action was before Mr Justice Tony O'Connor. Dwyer, a convicted murderer, denies killing childcare worker Elaine O'Hara. His appeal against his conviction was pending before the Court of Appeal.

Dwyer claims the 2011 Communications (Retention of Data) Act breached his privacy rights. The Act allowed gardaí to obtain and use data generated by his mobile phone during his 2015 murder trial. He seeks declarations under the Constitution, the European Convention on Human Rights and the EU Charter.

Detective Chief Superintendent Anthony Howard, giving evidence on behalf of the State and Garda Commissioner, said it would be virtually impossible to investigate many serious crimes without retained communications data. Retired Detective Chief Superintendent Peter Kirwan said the assessment of Garda requests for the data was independent in practice and that he had refused requests which did not meet the required criteria.