Supreme Court to hear appeal in Dwyer data retention ruling next month

Supreme Court to hear appeal in Dwyer data retention ruling next month

The Supreme Court will next month hear an appeal from the State against a High Court ruling that sections of the Communications (Retention of Data) Act 2011 are inconsistent with EU law, according to reports.

At a case management hearing on Monday, the Chief Justice, Mr Justice Frank Clarke, suggested there would be no issues allowing the appeal to proceed next month, The Irish Times reports.

The State is appealing a December 2018 decision by Mr Justice Tony O’Connor that Ireland’s current data retention laws contravene EU law because they provide for an indiscriminate retention regime.

The case was brought by convicted murderer Graham Dwyer and the judgment has important implications for his appeal against his conviction.

The State argues that it also has major implications in relation to the authorities’ ability to retain, access and use information generated by mobile phones in the investigation of serious criminal activities.

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