DRI vs. Ireland?
Karlin Lillington has a scoop on the front page of todays Irish Times which is worth keeping an eye on.State may face legal challenge over its access to phone
data
In a potentially far-reaching legal challenge, a privacy rights watchdog group is demanding that the Government and Garda cease the collection, storing and accessing of mobile and fixed-line phone data, writes Karlin Lillington.
Digital Rights Ireland (DRI) has given the State seven days to comply, after which it will begin legal proceedings.
The ultimatum is contained in letters sent on Wednesday to the Minister for Justice, Equality and Law Reform, the Minister for Communications, the Marine and Natural Resources, and the Garda Commissioner, asking for undertakings that data retention legislation will cease to be implemented and enforced and requests for access to data will cease.
Full article available here (no reg required!)
4 Comments:
If DRI is successful would the likes of Mark O'Neill, who gay bashed Brian O'Callaghan and left himin a coma, be untraceable?
http://www.gaire.com/e/f/default.asp?page=view&xid=&nav=1&parent=526568
"can access such data for any crime, including trivial misdemeanours. Although Minister for Justice Michael McDowell had promised that access to call data would be tightly controlled, access restrictions were never imposed, a situation repeatedly criticised by Data Protection Commissioner Billy Hawkes."
This is an important part of the objection.
Do you want to have your telephone calls tracked just in case you might do something deemed incorrect in the near future?
If you are then fine. But I know alot of people who would object to that.
I am a criminal when I do something wrong. Not until then.
To the first anon person. All phone companies keep phone records, mostly for billing issues. They're kept in most places for 6 months, in Ireland the Govt said it is 3 years. When a crime happens, the Gardai go to a Judge and get a Court order for those records and that's how the catch the person. There's judicial oversight.
Now a Garda just tells the phone company to monitor everyone and include additional data. Everything you do for 3 years will now be logged, and the Gardai will be handed the information WITHOUT asking a Judge and WITHOUT saying what they want it for and also it will be continuously monitored from here on in.
So now a Garda with a grudge can see who you've been texting and calling and who's been calling you and he can track it back 3 years, and he can take their numbers and do the same thing. Watching your past and present.
Given the fact that when Dolores O'Mahony won the Euro Millions she had her social welfare details spied on by 20 Dept of Social Welare members. Someone then also sold these records to two tabloids.
The usual counter from the State is "so what have you to hide?" and we are expected to shut up then. The fact is now you have a portable tracking device in the form of a mobile and that you will also have your email and web monitored. You don't have to be suspected of a crime for a Garda to now watch what you do on your phone and PC. Do you feel confident that nobody is going to abuse their power in these circumstances?
The current law for wiretapping was a Minister has to order it and a Judge oversees it. But all your mobile data doesn't have the same protection now.
Also on a purely selfish level, your phone and Internet bills will go up as the telcos have to pay for all these new systems.
Call centres employ people and pay them very very basic information. With terrorists and criminal gangs known to monitor text messages of politicians and gardai via bought off staff in these centres, what do you think will happen when there's massively more data on you now being stored and "protected" by those on minimum wage?
Finally this is also being defended as saying it is to stop terrorism but terrorists are intelligent people who are always first to find loopholes and ways to route around monitoring. So they'll just encrypt and route around the system while the innocent people get watched in case they might commit a crime in the future and get charged for it on their phone bill.
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