Nine million texts are sent daily in Ireland, a huge increase on when the first text was sent in 1992. All are subject to the data retention and access regime currently in place under the Communications (Retention of Data) Act 2011. That regime has now been given the kiss of death by the Court of Justice of the European Union (“CJEU”) in its recent decision on a referral by the Irish Supreme Court dealing with the validity of electronic communications evidence collected under it.
The legislation, brought in to transpose EU Directive 2006/24, regulates the retention of data by electronic communications providers and access to that data by state authorities.
Continue Reading CJEU Strikes Down Metadata Collection in Irish Criminal Case