Professional Documents
Culture Documents
developments
Dr TJ McIntyre, Digital Rights Ireland and
UCD Sutherland School of Law
Data
Retention
Challenge
Digital Rights Ireland v.
Minister for
Communication and ors.
Data
Retention
Challenge
Digital Rights Ireland v.
Minister for
Communication and ors.
Safe
Harbor
Challenge
Schrems v. Data
Protection Commissioner
Privacy is
vital for
Irish tech
industry
Ireland has become a
battleground for access
to user data
But will
Irish
surveillance
law stand up
to scrutiny?
No judicial approval
for access to internet
communications
No stored
communications law
Misc. bodies have
power to demand
communications
records without
external approval
Inadequate judicial
oversight
1.
Art. 8 ECHR
Art. 8 CFR
2.
Political authorisation of
surveillance is acceptable
2.
Kennedy v. UK
3.
3.
4.
4.
5.
5.
6.
6.
Will surveillance by EU
states be held to the
same norms?
US tech companies overhaul operations after EU data ruling, Financial Times 6 Oct. 2015
Some
aspects
are
worldwide
Digital Rights Ireland and
Schrems contribute to
pressures for internet
fragmentation
Data localisation,
blocking, geo-located
censorship more
common
Some
aspects
are
structural
Outsourcing surveillance
reduces costs &
encourages
disproportionate use
Giant private databases
are a rich target for
states and hackers alike
Law is only a partial
remedy
Time for a move towards
a decentralised internet?
Thank you
Questions or comments?
DigitalRights.ie | TJMcIntyre.com | @TJMcIntyre