RunningWithBulls.com - The curse of Sanfermin

Yesterday Digital Rights Ireland released a press release explaining the landmark case, we preparing to challenge the constitutionality of a law that obliges telecommunication companies to retain the details of all electronic traffic.

We have received excellent press coverage so far, with Examiner, Irish Times, and Irish Independent covering this story.

We would now like to see a discussion in the online communities, including blogs and forums. We have posted the PR to the DRI blog, and the discussion has already started.

The full text of the Press release can be found here. [Word Doc Download]

Digital Rights Ireland Ltd (DRI) has written to the Minister for Justice, the Minister for Communications, Marine and Natural Resources and to the Garda Commissioner calling on them to cease the collection, storing and accessing of personal private information on every citizen using a mobile or fixed line phone.

This monitoring is a breach of Irish citizens’ rights to privacy, as set out in the Constitution and the European Convention on Human Rights and as endorsed by the Irish courts, the European Court of Justice and in the European Court of Human Rights.

This information includes a record of the physical location of everyone with a mobile phone in Ireland, as well as every number called, the time of the call and its duration.

An undertaking has been sought from the Minister for Communications, Marine and Natural Resources to withdraw a direction to telecommunications providers to store this information.

An undertaking has been sought from the Minister for Justice, Equality and Law Reform that he will not, and he will ensure that Ireland will not, withdraw or otherwise not prosecute the challenge under Article 230 to EU directive 2006/24/EC, which purports to mandate such interference with citizens’ privacy on a Europe-wide basis.

The Minister for Justice, Equality and Law Reform is also called upon to give an undertaking that Ireland will not in any circumstances implement Directive 2006/24/EC into national law.

The Garda Commissioner is called upon for an undertaking to withdraw any and all requests made to telecommunications providers to store this data, whether made under the Criminal Justice (Terrorist Offences) Act 2005 or the Ministerial Direction of 25th April 2002.

What is the Irish Law behind this?
Irish Law
Under current Irish law, (Part 7 of the Criminal Justice (Terrorist Offences) Act 2005) citizens’ electronic communications data must be retained for 3 years. This includes the physical location of every mobile phone in the country (when the phone is switched on, whether or not a call is being made), and the numbers dialed from every mobile and land line. It may be accessed, without a court order or specific ministerial order, by the Gardaí. This access need not be in response to any crime. If the Gardaí are satisfied that it might be useful in the prevention of a crime (not limited to serious crime), it is permissible.

European Law
In April 2006 the European Council passed Directive 2006/24/EC. This aims to introduce a data retention regime for all EU member states, including retention of internet use records. This will require ISPs to monitor citizen’s internet use, including recording details of every email sent. Ireland has 18 months from April 2006 to implement this directive into domestic law.

The Irish government has taken proceedings under Article 230 of the Treaty of European Union to have this Directive declared invalid by the European Court of Justice on the basis that it was adopted using the wrong procedure.

Who are DRI?
Digital Rights Ireland Limited is a company limited by guarantee. Digital Rights Ireland is chaired by UCD Law Lecturer TJ McIntyre and its members include academics, journalists and technologists. The group believes that citizens’ digital rights are being eroded – the rights we expect in the real world are being stripped from us in the online world. The group’s website is www.digitalrights.ie.

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