Sinéad Gibney (Dublin Rathdown, Social Democrats)
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2038. To ask the Tánaiste and Minister for Justice and Equality if his Department has examined the wider impact of the Communications (Interception and Lawful Access) Bill on privacy of individuals; if the infringement of privacy, including proposals which may lead to an end to encrypted messaging, is proportional to the public policy aims; and if he will make a statement on the matter. [42298/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I understand the Deputy is referring to my speech of 16 July to the Institute of International and European Affairs, which was on theme of “Balancing competing human rights in the area of Justice, Home Affairs and Migration”.

In that speech, I addressed a number of policy issues where the right to privacy has to be balanced with other rights.

An example of this is in the context of the design of statutory powers to support the operation of policing and security services. The lawful interception powers in this jurisdiction, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, have not kept pace with developments in technology. This is a matter of considerable concern, given the need to ensure that investigations of serious crime and threats to the security of the State are effective and our obligations to victims are upheld.

The challenges faced by law enforcement internationally in maintaining lawful access to data have also been highlighted at European level and the EU Commission has recently published a policy roadmap in this area.

The Programme for Government includes a commitment to enact new interception laws that include provision for over-the-top and encrypted services, following public consultation, to enhance our ability to combat security threats. I believe that effective lawful interception powers can be accompanied by the necessary privacy, encryption and digital security safeguards, to ensure that they are only used when necessary and proportionate. Work on a review of the 1993 Act is underway and I intend to bring proposals to Government as soon as that process concludes.

I also acknowledged in my speech of 16 July that balancing rights requires very careful calibration. With that in mind, I would very much welcome the views of those who may wish to contribute to this work and I will engage in public consultation on proposed reforms in due course.