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]
BETWEEN
GRAHAM DWYER
PLAINTIFF
AND
COMMISSIONER OF AN GARDA SÍOCHÁNA, MINISTER FOR COMMUNICATIONS, ENERGY AND NATURAL RESOURCES, IRELAND
AND
ATTORNEY GENERAL
DEFENDANTS
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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12 cases
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DPP v Dwyer
...92 . On 6 th December 2018, the High Court (O'Connor J.) gave judgment in the case of Dwyer v. Commissioner of An Garda Síochána & Ors [2018] IEHC 685 and concluded that sections 3 and 6(1)(a) of the 2011 Act are incompatible with the 93 . The decision in Dwyer v. Commissioner of An Garda S......
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Director of Public Prosecutions v Smyth
...the 2011 Act. 11 . It remains to summarise the relevant subsequent domestic developments. In Dwyer v. Commissioner of An Garda Síochána [2018] IEHC 685, a person convicted of murder commenced proceedings in the High Court seeking to challenge the compatibility of the Communications (Retenti......
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The Director of Public Prosecutions v Graham Dwyer
...Criminal Court — the High Court (O'Connor J) held that sections 3 and 6(1)(a) of the 2011 Act were incompatible with the Charter ( [2018] IEHC 685, [2019] 1 ILRM 461) but stayed a declaration to that effect pending appeal ( [2019] IEHC 48, [2019] 1 ILRM 17 This Court gave leave for a direct......
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Dwyer v The Commissioner of an Garda Síochána
...compatible with EU law. For the reasons set out in his judgment in these proceedings ( Dwyer v. Commissioner of An Garda Síochána & ors [2018] IEHC 685), O'Connor J. granted a declaration that s. 6(1)(a) of the 2011 Act was inconsistent with Article 15(1) of an earlier EU Directive, Direct......
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2 books & journal articles
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Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit
...at transposing it into domestic law in the guise of the Criminal Justice (Victims of Crime) Act 2017.36 28. Dwyer v Garda Commissioner [2018] IEHC 685 (O’Connor J).29. Dwyer v Garda Commissioner [2019] IESCDET 108.30. Dwyer v Garda Commissioner [2020] IESC 4.31. DPP v JC [2015] IESC 31; [20......
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Editorial
...discussion of the EU law and the ECHR law position, see also the High Court judgment, Dwyer v Commissioner of An Garda Síochána and ors [2018] IEHC 685. 4 Minister for Justice and Equality v Celmer [2019] IESC 80. See also the comprehensive judgment of the High Court in Minister for Justice......