Oireachtas Joint and Select Committees

Wednesday, 15 November 2017

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed)

9:00 am

Ms Elizabeth Farries:

Whether content should be shareable is not within the remit of the Bill. Head 2 says the Bill does not deal with content and the Deputy's question does not, therefore, arise in that context.

In terms of whether it would be struck down, the Bill as presented is invalid according to EU law and the recent cases of Tele2 and Digital Rights Ireland. As to whether there is a danger the Garda would act unethically, there is always a danger that public servants could act unethically. Irrespective of that, the legislative guidance needs to be framed according to what an ethical public servant would do, which in that case would be to focus on direct suspects.

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