New EU laws require Ireland to hand over electronic evidence for use in criminal investigations in other states

Justice minister Jim O'Callaghan received Cabinet approval to publish the Criminal Justice (Protection, Preservation and Access to Data) Bill.

Ireland needs to invest significant resources into a new body to handle new EU rules on electronic evidence in criminal cases, it has been claimed.

The EU laws will mean a judicial body in one member state can order a service provider in another to produce electronic evidence it possesses for use in a criminal investigation without a court order.

A new paper from the Oireachtas Library and Research Service has warned there could be privacy rights and transparency concerns stemming from the Government’s new Criminal Justice (Protection, Preservation and Access to Data) Bill, which would transpose the new EU e-evidence package.

As Ireland has so many big tech firms located here, it will need a dedicated office to facilitate such requests and the Department of Justice has acknowledged it will have “significant implications for Ireland’s tech sector and criminal justice system”.

Justice minister Jim O’Callaghan received Cabinet approval to publish the bill last month, saying the new office and powers will ensure effective access to digital evidence in tackling serious crime.

“While the office will start receiving orders by August 18, 2026, which is the date when the e-Evidence Regulation will apply, it is anticipated the office will comprise 150 staff working across four divisions by 2028,” the Oireachtas paper said.

“During pre-legislative scrutiny, concerns were raised about the financial and human resources to be allocated to the [office], as well as a lack of transparency as to how the State and providers will handle requests for data.” 

It noted Department of Justice officials have said given the presence of the largest social media and electronic communication service providers in Ireland, a “conservative estimate” is that Ireland will receive in excess of 300,000 orders a year for such information.

It also highlighted a regulatory impact analysis from the Department of Justice, which suggests a high cost to Ireland of not implementing the required measures, such as delays in criminal investigation and a negative reputational impact on the country.

The Oireachtas paper said five member states expressed concern over the measures regarding how they impacted an individual’s rights, with Finland voting against it and arguing a judicial assessment should be carried out in the enforcing state in relation to the most sensitive of data.

“The e-Evidence package has also been criticised by academics for its ‘minimal fundamental rights safeguards’,” the paper said.