Does a law violate the privilege against self-incrimination by requiring an individual to reveal a device password when a search warrant is being executed? The Irish High Court recently considered this issue in Poptoshev v DPP, holding that it doesn’t.In Poptoshev the applicant challenged sections 48 and 49 of the Criminal Justice (Theft and Fraud
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Irish state spyware and the law
In 2022 the European Parliament PEGA committee adopted a damning report on the use of spyware across the EU, following growing evidence of countries such as Spain, Poland, Greece and Hungary abusing spyware to spy on opposition politicians, the media, and civil society.
Ireland featured in that report, but only incidentally as the…
Data retention in Ireland: When European law meets national recalcitrance
I’ve just finished writing a chapter on data retention law in Ireland for a forthcoming collection edited by Eleni Kosta and Irene Kamara. It examines how, from the judgment in Digital Rights Ireland onwards, the Irish state has fought a rearguard action against compliance with EU fundamental rights.Abstract:This chapter examines the development of data…
The "essence" of the fundamental rights to privacy and data protection in the context of state surveillance
The EDPS has just published a comprehensive study by Prof. Gloria González Fuster on the essence of the fundamental rights to privacy and to protection of personal data, and marked the publication of the study with a one day seminar on the issue earlier this week. As the event wasn’t public I won’t summarise…
Issues with the new Garda Powers Bill
I have a piece in today’s Irish Times which identifies some serious concerns with the new Garda Powers Bill. Here’s an excerpt:The sensitivity of your phone means that this week’s proposal from the Department of Justice for a new Garda Síochána Powers Bill requires close scrutiny. That proposal would introduce a new power for gardaí,…
The GAA and the GDPR
I have a piece in the Irish Times today discussing the kerfuffle about GAA clubs using WhatsApp to communicate with members. It may be the first time the phrase “dick pics” has appeared on the opinion pages of the paper of record. Here’s an excerpt:Facebook is not providing WhatsApp for philanthropic purposes, and information about…
The new Irish ban on social media posts from court
I have an opinion piece in the Irish Independent on the new practice direction restricting social media posts from the courtroom. Here’s an excerpt:In 2011, the English courts introduced rules preventing anyone other than journalists or lawyers from posting to social media in the courtroom; the new Irish rules are largely identical, and…
Ireland must learn from UK data protection and ID disasters
I have a piece in today’s Irish Times on the approach of the Irish state to privacy. In short: there’s a lot of room for improvement. Text below with added links.Ireland must learn from UK data protection and ID disastersThe growth of the public services card as a de facto national ID card…
Ireland must learn from UK data protection and ID disasters
I have a piece in today’s Irish Times on the approach of the Irish state to privacy. In short: there’s a lot of room for improvement. Text below with added links.Ireland must learn from UK data protection and ID disastersThe growth of the public services card as a de facto national ID card…
Letter regarding the Public Services Card
I’m very grateful to my colleagues who have signed a letter expressing concern at the growing use of the (supposedly optional) public services card as a mandatory requirement for essentials as passports and social welfare, creating a de facto national ID card or Ireland without public debate.The full text of the letter and the…