Seanad debates

Wednesday, 13 July 2022

Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages

 

10:00 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I move amendment No. 9:

In page 8, line 13, to delete “preventing,”.

Similar content has been covered in the last group of amendment but I will repeat for clarity. Amendments Nos. 9, 10, 12, and 13 would again limit the scope of Garda and Revenue officer powers in respect of “user data”. The Bill currently states that “user data” can be retained in order to prevent or detect crime, and this does not have to be for national security concerns nor does it have to be for serious crime.

I want to repeat the following for clarity. It seems to us that the Bill states that Garda and Revenue officers can retain user data in order to pre-emptively detect even minor crimes. I do not fully understand and do not accept the justification for this. Where do the Garda derive authority to pre-emptively check people's data for potential crimes? I ask that question as I think that this legislation, as currently drafted, allows for that. To me, that sounds like surveillance or there is a potential for surveillance, which violates the principles of a democratic society. Innocent until proven guilty is a core principle of the Irish justice system so nobody should be subjected to surveillance or violations of their data privacy rights unless there is reasonable evidence against them, unless they undergo due process, and the crime reaches a higher bar than just a minor offence.

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