Lynn Boylan (Sinn Fein) | Oireachtas source

I thank the Acting Chairperson and cuirim fáilte roimh an Aire Stáit.I would like to raise an issue that was brought to my attention by the Irish actor and producer, Áine O'Neill. It is about her experience in Las Vegas in November 2022. Late one night, her phone pinged and she was notified that she was visible to an Apple AirTag. The latter was able to see where she worked, where she parked her car and everywhere she had been that evening. After investigating if she had happened to pick up somebody else's belongings by mistake, she realised that the tag was inside her car. It was placed in a location so as not to be found; it was not in an accessible place. It was not placed there by accident. Despite going to two different garages, neither mechanic could remove the AirTag without carrying out significant dismantling of the car. She had also called the police but got very little help. She was also advised to contact Apple, the manufacturer of the AirTag. Apple said they could not disable the AirTag unless she physically had the tag herself. Such was the impact and stress of getting constant notifications on her phone that she was visible to somebody else's tracking device, she ended up having to leave her dream of living in the US and return to Ireland. She is now pursuing a class action against Apple with the US lawyer, Gillian Wade.

I want to ask the Minister of State if it is possible that the same thing could happen here in Ireland. These products are readily available. In Britain, the use of trackers such as Apple AirTags in coercive control and stalking cases has increased 317% in the past five years. There is little to suggest that the statistics would be very different in Ireland. We passed stalking legislation recently, which was very welcome. However, the concern is whether Apple AirTags or other similar devices are being captured sufficiently by the legislation. I know it is against the law to use a tracking device without somebody's knowledge or without their permission. The problem is that the safeguards that are put in place by the likes of Apple would not put me resting easy at night. For example, those like myself who have Android phones will not get notifications that they are in the area of an AirTag. We actually have to download an app to receive notifications that we are being detected. Apple admits that you cannot disable the AirTag unless you physically find it. If what happened to Ms O'Neill happens here, if someone deliberately hides an AirTag inside a person's car or belongings, the person will not be able to disable it unless they physically have the tag.

Are we doing enough to regulate the use of these devices? What is the Government doing to raise awareness and let people know that they have to download an app if they are Android users? If your phone is an older model, there is nothing you can do to detect an Apple AirTag. Is there training for the Garda on what to do if somebody contacts them to say they are being tracked by an AirTag and they cannot find it? If they do find it, are they being told to destroy it when, in fact, it could be evidence in a future case? This is an area we need to look at. I want a reassurance that it is on the agenda at the Department of Justice and that we have legislation in place that is fit for purpose. Are there any plans to carry out a public awareness campaign to let people know these devices are out there and are being used by domestic violence abusers and stalkers?