Lynn Ruane (Independent) | Oireachtas source

Amendment No. 14 seeks to insert a new section into the Bill which would provide additional protection in respect of data journalists. It would provide for the non-application of certain sections of the Bill in respect of journalists' data, specifically the sections which provide for the use of emergency powers in respect of data retention. Certain sections of the Bill, for example, the proposed sections 6B, 6D, 6E, 7B and 7D, provide for emergency powers to retain data in situations of urgency whereby members of the Garda or other relevant persons can bypass judicial approval. They can retain data and then get retrospective approval from a judge later . While I understand the need for these emergency powers in certain cases, such as scenarios where there may be an imminent threat of an act of terror, these powers need to be clearly limited and constrained. They are very serious powers which allow a person's data privacy rights be stood down without judicial approval. It is important that they would not apply, for example, to journalists. This is essential under Article 10 of the European Convention on Human Rights relating to freedom of expression. That convention clearly lays out that the protection of journalistic sources is one of the basic conditions for press freedom.European Court of Human Rights case law has made it clear that the protection of journalistic sources must be given precedence in almost all matters relating to data sharing, disclosure or retention. To quote one piece of case law, "Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest". Thus, the lack of protection for journalistic sources in this Bill is not in line with the requirements of the ECHR. Case law clearly rules that surveillance aimed at identifying journalistic sources should go through a heightened screening process, including prior independent judicial approval. Any form of data retention in respect of a journalist simply cannot bypass judicial approval. Therefore, it is essential that the sections granting emergency powers to bypass judicial approval should not apply to the data of journalists. This is what amendment No. 14 would achieve.