Comments on: Garda who abused phone records to spy on ex will not be prosecuted, will keep job http://www.digitalrights.ie/2011/09/02/garda-who-abused-phone-records-to-spy-on-ex-will-not-be-prosecuted-will-keep-job/ Civil, Legal and Human Rights in a Digital Age Sun, 19 May 2013 13:05:46 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Digital Rights Ireland » Data retention threatens journalists also http://www.digitalrights.ie/2011/09/02/garda-who-abused-phone-records-to-spy-on-ex-will-not-be-prosecuted-will-keep-job/comment-page-1/#comment-194030 Digital Rights Ireland » Data retention threatens journalists also Fri, 11 May 2012 22:44:39 +0000 http://www.digitalrights.ie/?p=343#comment-194030 [...] These revelations are shocking but not surprising – it’s long been known that data retention laws pose a special threat to whistleblowers and journalists, particularly in Ireland where there are no adequate sanctions for police abuse of surveillance powers. [...] [...] These revelations are shocking but not surprising – it’s long been known that data retention laws pose a special threat to whistleblowers and journalists, particularly in Ireland where there are no adequate sanctions for police abuse of surveillance powers. [...]

]]> By: Brian http://www.digitalrights.ie/2011/09/02/garda-who-abused-phone-records-to-spy-on-ex-will-not-be-prosecuted-will-keep-job/comment-page-1/#comment-190053 Brian Tue, 13 Mar 2012 00:21:34 +0000 http://www.digitalrights.ie/?p=343#comment-190053 I must say that this particular case is disturbing, and I think it raises serious issues in how access to sensitive information is handled. As you rightly point out, why did a Chief Superintendent sign this off? It means either of two things: 1. This a case of what may be a systematic by-pass of the safeguards in the legislation, such as the allowing of Gardai of lower ranks working in C&S to access such requests. 2. The safeguard is simply being used as a "rubber stamp" without any consideration of reasonable grounds for the access being (akin to the defective search warrant procedure of the unconstitutionally obtained evidence case of DPP v Mark Kenny [1990] 2 IR 110) It is clear from this, and what people have saw, and heard about the existing front line PULSE database system from serving members of An Garda Siochana that there is a very lax culture with regard to data protection in the organisation, to which even Reserve members have "limited access". It's clear that oversight is inadequate. But it's great that you take the time to bring this issues to attention, as a law student and a recreational internet user, I enjoy reading the blog. Keep up the good work. I must say that this particular case is disturbing, and I think it raises serious issues in how access to sensitive information is handled.

As you rightly point out, why did a Chief Superintendent sign this off? It means either of two things:

1. This a case of what may be a systematic by-pass of the safeguards in the legislation, such as the allowing of Gardai of lower ranks working in C&S to access such requests.

2. The safeguard is simply being used as a “rubber stamp” without any consideration of reasonable grounds for the access being (akin to the defective search warrant procedure of the unconstitutionally obtained evidence case of DPP v Mark Kenny [1990] 2 IR 110)

It is clear from this, and what people have saw, and heard about the existing front line PULSE database system from serving members of An Garda Siochana that there is a very lax culture with regard to data protection in the organisation, to which even Reserve members have “limited access”.

It’s clear that oversight is inadequate. But it’s great that you take the time to bring this issues to attention, as a law student and a recreational internet user, I enjoy reading the blog. Keep up the good work.

]]> By: The lives of others: Garda abuses power to spy on ex, ends up in special branch! http://www.digitalrights.ie/2011/09/02/garda-who-abused-phone-records-to-spy-on-ex-will-not-be-prosecuted-will-keep-job/comment-page-1/#comment-160631 The lives of others: Garda abuses power to spy on ex, ends up in special branch! Sat, 03 Sep 2011 09:30:07 +0000 http://www.digitalrights.ie/?p=343#comment-160631 [...] [...] [...] [...]

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