An Irish civil rights group has hit out at what it describes
as “unacceptable” government proposals to introduce
surveillance of all Irish internet users.
The proposed laws, in keeping with the contentious EU Data
Directive that received the backing of the majority of European
States in December 2006, will expect Irish internet service
providers (ISPs) to keep records of every email, instant message
or chat message and every time users log on or off for up
to 18 months.
The Irish rules are more draconian than the EU Data Directive,
which requires ISPs and telecoms providers to retain such
information for a minimum of six months.
According to privacy group Digital Rights Ireland (DRI),
the information stored by Irish telcos and ISPs will be available
to law officers without any court order or warrant.
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The new laws will be put into effect by a statutory instrument,
without any scrutiny by the Oireachtas.
“It is incredible that the Government proposes to introduce
a law which would require every internet user to be monitored
without any warrant or prior judicial approval, without any
public consultation and without any debate or vote in the
Oireachtas,” said DRI chairman TJ McIntyre .
“A law of this gravity should not be made by stealth.
“The Department of Justice appears to be relying on
the ‘urgency’ of the matter to justify bypassing
the Dáil and Seanad,” McIntyre continued. “But
the European law being implemented was passed in February
2006.
“The Department has had two years to introduce a Bill
and it cannot rely on its own delay to justify side-lining
democratic scrutiny."
McIntyre went on to say that, in any case, it is inappropriate
to implement this law whilst it is under court challenge.
“The Irish Government itself has challenged the validity
of the law before the European Court of Justice. Digital Rights
Ireland has also brought a High Court action challenging the
European law. These proposals will effectively pre-empt the
judgment of the courts,” he warned.