State bids to extend surveillance powers

Government proposals to widen surveillance powers of state agencies aim to “extend a deeply flawed system”, a leading digital rights’ group has said.

Justice Minister Frances Fitzgerald intends to bring in changes to legislation to expand surveillance powers to include the internet, emails, and encrypted online communications.

Digital Rights Ireland said a Department of Justice document proposed to allow for interception of “over the top” services, such as webmail or Twitter direct messages, on the basis of the justice minister’s signature.

“No judicial oversight would be required and the overall authorisation, oversight, and complaint mechanisms would be essentially untouched,” it said.

“The proposals aim to extend a deeply flawed system without addressing the fundamental problems which make the existing system in breach of international fundamental rights standards.”

It said surveillance based on political authorisation (rather than judicial warrant) was undesirable, inconsistent with case law and unnecessary.

“Irish law already provides for bugging of buildings and cars to be carried out on the basis of a judge’s decision — there is no reason why leading webmail should be different.”

DRI said that international human rights standards require that particularly sensitive communications “particularly between journalists/source and lawyer/client” should receive special protection.

“Irish interception law fails to do this at the moment and would not do so under these proposals,” it said.

DRI said oversight mechanisms were “ineffective” and that the existing designated judge was a part-time job for a high court judge, with no technical expertise or staff. It said a Law Reform Commission review would come after the laws were introduced, akin to “putting the cart before the horse”.