Dwyer v Commissioner of an Garda Síochána
| Jurisdiction | Ireland |
| Judge | O'Connor Tony J. |
| Judgment Date | 06 December 2018 |
| Neutral Citation | [2018] IEHC 685 |
| Court | High Court |
| Docket Number | [2015 No. 351 P] |
| Date | 06 December 2018 |
[2018] IEHC 685
THE HIGH COURT
O'Connor Tony J.
[2015 No. 351 P]
AND
Information & data protection – Electronic communications – Surveillance – State surveillance – Domestic law and interaction with EU & ECHR – Plaintiff contending his rights infringed - Communications (Retention of Data) Act 2011
Facts: The plaintiff had been convicted of murder following a trial in which evidence was adduced in respect of his mobile telephony data. The data was supplied under the Communications (Retention of Data) Act 2011 (“2011 Act”). The plaintiff had sought to appeal his conviction, which was pending. At the same time, he applied in the current proceedings for relief arguing inter alia that the 2011 Act was incompatible with EU legislation and arts 8 & 10 of the European Convention on Human Rights. The 2006 EU Directive the 2011 Act implemented had been declared invalid in an earlier ruling by the CJEU.
Held by O’Connor J that certain provisions of the...
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