Data ProtectionGeneral News

Proposed Legislation to Grant Gardaí Access to Digital Crime Evidence

By February 8, 2024 No Comments
criminal evidence

Digital Criminal Evidence

– Introduction of new legislation allowing Gardaí swift access to digital criminal evidence.
– The Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024 enables law enforcement to request data preservation and production from internet service providers.
– The bill has been approved for pre-legislative scrutiny by the Oireachtas justice committee.
– Expansion of “preservation and production orders” to include a wider range of data categories, offering a modern approach to obtaining digital evidence.
– Justice Minister Helen McEntee highlights the bill’s role in providing modern tools for accessing online evidence while respecting privacy rights, reflecting the shift from physical to virtual spaces in criminal activity.
– The bill aligns with international agreements like the Council of Europe Budapest Convention on Cybercrime, the EU E-evidence Regulation, and the EU Terrorist Content Online Regulation.
– Minister of State James Browne emphasizes Ireland’s significant role due to its status as the EU base for many internet service providers, aiming to enforce EU measures against crime and terrorism facilitated online.
– The E-evidence Regulation allows Irish authorities to request data from service providers in other EU states and vice versa.
– District Court judges to be designated as the Irish issuing authority for orders under the E-evidence Regulation.
– The bill grants Coimisiún na Meán the authority to sanction service providers for non-compliance with the EU Terrorist Content Online Regulation, ensuring rapid removal of online terrorist content.

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