Eamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

92. To ask the Minister for Justice and Equality the representations the State has made regarding UK surveillance of Internet traffic to and from Ireland; and the EU rules that govern the regulation of such monitoring of information passing between and through members states. [32082/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am sure the House shares my view that the protection of data and the privacy of communications are not matters which should be taken lightly and it is right that communications are safeguarded and protected against unlawful intrusion and interception.

That said, the lawful interception of communications is sometimes a necessary tool for law enforcement authorities in order to protect citizens against terrorism and other serious criminal threats. The majority of citizens would accept that there should be a balance between personal privacy and public safety once the mechanisms by which such data is accessed is both legal and proportionate.

I want to emphasise that the interception of an individual’s communications in this State can only occur in the very specific circumstances laid down in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act of 1993. This Act permits me to authorise an interception but only for the purposes of criminal investigation into serious offences or in the interests of the security of the State. The operation of the Act is overseen independently by a Designated Judge of the High Court who reports to the Taoiseach on his examination of its operation. In addition, a Complaints Referee (a serving judge of the Circuit Court) receives and investigates complaints from persons who believe that their communications have been unlawfully intercepted. If the Complaints Referee finds that there has been a violation of the Act he can order that the interceptions cease and recommend the award of compensation.

The interception of communications is not a matter that is regulated at EU level. However, arrangements are in place under the EU Mutual Assistance Convention which provide for the implementation of reciprocal interception arrangements in the context of criminal investigations. The Convention is given effect in Irish law in the Criminal Justice (Mutual Assistance) Act 2008.

The Deputy will be aware of reports early last year which alleged that authorities in the UK had accessed communications cables between this State and the UK. The reports suggest that this access may have been connected to surveillance activities being carried out within the jurisdiction of the UK. At that time, my colleague the Minister for Foreign Affairs and Trade was in contact with the British Embassy on this issue. It has been conveyed that it is generally understood that friendly relationships between States include the acceptance of the principle that the privacy of communications must be respected.