The change in the law will give An Garda Síochána new permissions to retain specified data for a longer period of time if a judge rule that it’s in the interests of national security.
MINISTER FOR JUSTICE Helen McEntee has signed an order to bring new legislation on data retention into effect.
The amendment was drafted in response to a judgement made by the Court of Justice of the EU on the case of convicted murderer Graham Dwyer, who argued his data was misused by Gardaí to convict him of the 2012 murder of Elaine O’Hara. Dwyer’s solicitor argued in the Court of Appeal in March of this year that the CJEU ruled the retention of mobile phone data is not allowed and requested the conviction be overturned.
Under national security grounds, Gardaí will be permitted to retain traffic and location data for 12 months.
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