Law to let State read encrypted dialogue

The Department of Justice intends to oblige internet corporations to provide access to encrypted communications or explain why they cannot, under a shake-up of Ireland’s interception laws.

In a nuanced approach, the department said it was “open to a dialogue” with industry on the issue and accepted that there was “much to learn learn from industry on how best this matter can be dealt with”.

A department policy document said forthcoming amendments intend to “place a responsibility on industry to co-operate” with the legislation “or provide an explanation as to why this cannot be so”.

Access by security and police services to encrypted internet-based communications, such as Whats App or Threema, has become a major issue worldwide, including in the US and the UK.

Senior garda sources have said their inability to access encrypted technology of suspected organised crime leaders and terrorists was a “major failing” and that Irish legislation in relation to the subject was “completely out of date”.

Last July, Justice Minister Frances Fitzgerald announced plans to expand interception laws to include encrypted messaging, as well as email, the internet and phone text messages.

Many of the world’s internet and telecommunications giants have a presence, including their European headquarters, in Ireland. These include Google, Facebook, Microsoft, Twitter, and Apple.

The department’s policy document acknowledged “heightened concerns about data protection” and the “sometimes difficult balance to be struck” between preserving and protecting personal privacy of citizens and ensuring their safety and security.

The department said those engaged in organised crime or subversive or terrorist activity “have not been slow” to exploit the technology.

“Law enforcement agencies face considerable challenges on this front in ensuring that citizens remain secure and safe,” it said.

It said that, in the debate on privacy versus security, most would accept that a proportionate and lawful intrusion into the privacy of a “very specific group of individuals engaged in terrorism or serious crime” was not unreasonable.

“It is appropriate then to stress that mass surveillance has never been a feature of the lawful interception framework in this State and that there are no intentions to bring this about,” it said.

The department said Ireland can only comply “to a limited extent” with requests from other EU member states for interception because of this restriction.

The amendments intend to ensure that all companies providing internet or social media services come within the legislation.

In addition to these amendments, Justice Minister Frances Fitzgerald has asked the attorney general to request the Law Reform Commission to carry out a review on the entire area.

Privacy campaigners have called for this review to be done before any amendments are brought in and want stronger judicial oversight of the legislation.

See policy document on www.justice.ie