Ireland to expand police powers over encrypted data and spyware
The Irish government is preparing to update its legal framework to enhance law enforcement’s ability to intercept digital communications, including encrypted messages, and to establish a legal basis for the use of spyware. The Communications (Interception and Lawful Access) Bill is designed to replace the outdated Postal Packets and Telecommunications Messages (Regulation) Act 1993, which no longer reflects the technological advances of the past two decades.
The new legislation aims to cover a wide range of communication channels, including Internet of Things (IoT) devices, email services, and electronic messaging platforms, regardless of whether the communications are encrypted. Although the government has not detailed the technical methods for intercepting encrypted data, it promises a robust legal framework that incorporates privacy and security safeguards. The bill will also create mechanisms to ensure strong cooperation between state agencies and communication service providers.
Following the European Commission’s roadmap on lawful data interception, the Irish government emphasizes the necessity of this updated framework to address serious crime and security threats. The legislation will include legal safeguards to ensure that interception powers are used only when necessary and proportionate. Additionally, Ireland plans to introduce a legal provision for the use of spyware, strictly limited to cases of absolute necessity, with judicial approval and oversight in line with EU guidelines.
The bill also proposes new police powers to scan electronic devices in specific locations to identify individuals connected to serious crimes, using technologies such as IMSI catchers. Civil rights groups have raised concerns about the extensive surveillance powers proposed, warning about their potential impact on privacy and freedoms. Experts caution that powers introduced for serious crimes often expand to cover less serious offenses over time, potentially normalizing invasive surveillance practices.
