Department of Justice criticised over extension of surveillance powers ahead of review

The Department of Justice has been criticised for proposing a review of the State’s right to access communications data which would only take place after gardaí powers in this area have been extended.

The Law Reform Commission has been asked to review the legal issues surrounding the State’s right to access communications data and an individual’s right to privacy and freedom of expression.

However, Justice Minister Frances Fitzgerald has already won Cabinet approval for new laws which would extend law enforcement powers and allow them to monitor encrypted Internet communication services, emails and web usage.

TJ McIntyre, chairman of Digital Rights Ireland, told the Irish Examiner the order of events “reflects the characteristic approach of the Department of Justice approach, which is ready, fire, aim”.

He also said it was “remarkable” that the proposals could go ahead without having a “full public review first”.

The legislative proposals will be drafted and likely implemented before the Law Reform Commission completes its review.

A Department of Justice spokesperson said they will be brought forward following close consultation with Attorney General Máire Whelan and “other stakeholders”.

He also said the Commission’s review would form the base of a broader review of the law.