Phone and internet companies ordered to retain user data

TJ McIntyre, Digital Rights Ireland, said it is very misleading for gardaí to say they need this extra data.

Phone and internet companies have been ordered to retain user data as part of measures to protect the security of the State.

Justice minister Helen McEntee has obtained a High Court order requiring telecommunications service providers to retain certain information — including user, traffic and location data — for a period of 12 months.

However, Digital Rights Ireland has expressed significant concerns around the retention and use of such retained data.

"The theory is that this can be done on national security grounds which could include organised crime at a certain level or smuggling linked to dissidents. 

"But people recognise that this is very sensitive and how it can be abused to spy on certain people," said Digital Rights Ireland chairman TJ McIntyre.

Hs added: "In Ireland, there is an attitude that if data was ever accessible, it should be always that way. There's an element of using it as a cheat code in policing because you can go back retrospectively instead of obtaining information in real-time through police work.

"The problem is the amount of data left behind us is far greater than ever. It's very misleading for gardaí to say they need this extra data."

The court application, which was held behind closed doors, was made this week by the minister under the Communications (Retention of Data) Act 2011.

Ms McEntee said: “I made an application for an order having assessed the threat to the security of the State and having satisfied myself that there exists a serious and genuine, present or foreseeable threat to the security of the State and that such threat is likely to continue for at least the next 12 months.

“In doing so I had regard to the necessity and proportionality of the retention of the data concerned and took account of the impact on the fundamental rights of individuals as required," she said.

Ms McEntee said before making the application an assessment of the threat to the security of the State was carried out which had regard to the necessity and proportionality of the retained data taking into account the impact of such retention on the fundamental rights of individuals.

She also consulted with the Garda Commissioner prior to making the application.