Six criminal appeals potentially affected by CJEU ruling on Irish data retention law
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A total of six criminal appeals could be affected by last week’s ruling that an Irish data retention law is incompatible with EU law.
The Grand Chamber of the Court of Justice of the European Union (CJEU) has held that the “general and indiscriminate” retention of electronic communications data for the purpose of combating serious crime is precluded by EU law.
The CJEU ruling followed a referral by the Irish Supreme Court in February 2020, which was hearing a leapfrog appeal from the State against a High Court ruling in December 2018 which agreed with convicted murderer Graham Dwyer that the Communications (Retention of Data) Act 2011 was incompatible with EU law.
Mr Dwyer’s criminal appeal will resume following the Supreme Court’s ruling, though legal experts told Irish Legal News that his success in the CJEU does not necessarily mean he will win his appeal.
It has since emerged that five other criminal appeals were put on hold pending the CJEU’s ruling in the case, the Business Post reported yesterday.
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