Dwyer's lawyers claim phone data retention is 'opportunistic form of mass surveillance'

Mr Dwyer is objecting only to the retention of data in relation to a phone with a number ending in 407 which was referred to as Dwyer's work phone

Graham Dwyer (pictured) fantasized about stabbing a woman during sex and used Elaine O'Hara to fulfil his fantasy. File picture: Collins Courts.

Lawyers for Graham Dwyer, who murdered vulnerable care worker Elaine O'Hara for his sexual gratification, have argued that the retention of mobile phone data is an "opportunistic form of mass surveillance" that transforms phones into tracking devices that can reveal a detailed picture of every aspect of a person's life.

Remy Farrell SC, for Dwyer, told the three-judge Court of Appeal that mobile phone data should not have been admitted as evidence in his client's trial as the retention of that data was a breach of his rights under the European Charter of Fundamental Rights.