Mick Wallace (Wexford, Independent) | Oireachtas source

Mr. Justice Murray specifically stated that the State should consider suspending the accessing of the data of Irish citizens under the Communications (Retention of Data) Act. Digital Rights Ireland has also repeatedly warned about the possibility of convictions being overturned in legal action being taken against the State. In April 2014 the European Court of Justice utterly rejected the validity of the EU data retention directive.

This evolution of the law to which the Department has referred happened three years ago. The European Court of Justice decision was based on a case brought by Digital Rights Ireland that specifically questioned the constitutionality of Ireland's data retention law, the Communications Act 2011 that implemented the EU directive in question. Official communication from the Department of Justice and Equality has completely ignored this reality as to acknowledge the Digital Rights Ireland case would be to admit its failings for the past three years and beyond. We have a good bit to go on this and Digital Rights Ireland has done this State a great service. The Department should acknowledge that.

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