Digital rights group sues Irish government

14-09-2006

by Charlie Taylor

Digital Rights Ireland has begun a High Court action against the Government, challenging new laws on data retention.

The action challenges the law on data retention contained in the Criminal Justice (Terrorist Offences) Act, 2005 and the European Data Retention Directive, which was passed in 2006.

The legislation compels Internet Service Providers (ISPs) and telecom operators in EU states to retain data relating to telephony, SMS and the internet for up to three years in case such information is needed for the detection, investigation and prosecution of serious criminal offences such as terrorism and organised crime.

A number of industry groups have expressed concern over the passing of the legislation, with many warning that it represents a disproportionate invasion of citizens' privacy. Moreover, many say that the heavy costs associated with retaining data will be passed on to consumers.

The action has been commenced in the High Court by McGarr Solicitors on behalf of Digital Rights Ireland (DRI) and names as defendants the Minister for Communications, Marine and Natural Resources; the Minister for Justice, Equality and Law Reform; the Garda Commissioner, Ireland and the Attorney General.

DRI will ask the Irish courts to refer the Directive to the European Court of Justice for a decision on whether it is valid.

Digital Rights Ireland is the only group to have initiated action against the laws in Europe; however, the organisation is supported by a number of international privacy and civil rights groups including Electronic Frontier Foundation, Privacy International, and the European Foundation for a Free Information Infrastructure.

According to Digital Rights Ireland, the decision to start the High Court action follows the sending of letters to the Minister for Justice and Law Reform, Michael McDowell TD, the Minister for Communications, Marine and Natural Resources, Noel Dempsey TD, and to the Garda Commissioner, looking for undertakings from them to cease breaching the constitutional, statutory and European rights of the citizens of Ireland.

Speaking to ENN, TJ McIntyre, chairman of Digital Rights Ireland and a lecturer of law at University College Dublin, said that the action was being taken as a "last resort" and was necessary because the legislation is contrary to the Irish Constitution as well as Irish and European Data Protection laws.

"The legislation has not been properly debated," said McIntyre, who claimed that the laws are an attack on an individual's right to have a private life without undue interference by the Government.

McIntyre added that the kind of mass surveillance that'll be allowed under the legislation is a breach of human rights.

"Data retention, as legislated for in Ireland and mandated by the Data Retention Directive is unjustified mass surveillance. The Government is deliberately recording information about innocent citizens without cause," said McIntyre.

Moreover, while accepting that law-enforcement agencies should have access to some call data, McIntyre said that such access should be proportionate. He said that information collected and stored would affect everyone, regardless of their profession and standing and that such information could be open to misappropriation and misuse.

DRI claims that if it is successful with its challenge, the effect will be to undermine data retention laws in all EU states and could therefore lead to the overturning of the Data Retention Directive.

The High Court action is being funded by individuals and contributions can be made via PayPal through the Digital Rights Ireland website.