A legal challenge seems likely to a controversial law which allows the retention of mobile phone metadata and internet source data on State security grounds.
The orders were obtained on Monday under the Communications (Retention of Data) (Amendment) Act 2022.
The Act was went through the Oireachtas last summer with minimal pre-legislative scrutiny in response to convicted murderer Graham Dwyer’s successful challenge to the regime for retaining and accessing data in the Communications (Retention of Data) Act 2011.
Mobile phone metadata retained and accessed under the 2011 Act played a major part of the prosecution’s case against Dwyer who was convicted 8 years ago for the murder of childcare worker Elaine O’Hara in 2012.
Graham Dwyer’s case at the Court of Appeal earlier this year to overturn his conviction was unsuccessful. He will take his case to the Supreme Court which will be heard on Monday.
