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Interception and Data Retention Annual Report 2009/10

Interception and Data Retention Annual Report 2009/10

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Published by TJ McIntyre
This is the 2009-2010 annual report of the "Designated Judge" under Irish laws governing interception of communications and data retention.

This report reveals evidence of significant abuse of the data retention system, described in further detail here:
http://www.digitalrights.ie/2011/02/20/judges-report-reveals-allegations-that-garda-used-phone-records-to-spy-on-her-ex/

The relevant laws are the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and the Criminal Justice (Terrorist Offences) Act 2005.
This is the 2009-2010 annual report of the "Designated Judge" under Irish laws governing interception of communications and data retention.

This report reveals evidence of significant abuse of the data retention system, described in further detail here:
http://www.digitalrights.ie/2011/02/20/judges-report-reveals-allegations-that-garda-used-phone-records-to-spy-on-her-ex/

The relevant laws are the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and the Criminal Justice (Terrorist Offences) Act 2005.

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Published by: TJ McIntyre on Jun 17, 2011
Copyright:Attribution Non-commercial

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07/10/2013

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REPORT
OF
THE DE§IGNATE][)J
.DlIDGlE
P1QB.SUANTTO SECTllON
em
OF
TI:lIE
OOERCEPTllON Of 
PO§IAlL PACKETS AND l'ElLlECOMM1JNJlCATmN§
MESSAGES mEGULATlIiON) ACT 1199J3
AND
SJECnON
"ill
OlF THE CllUMJ[NAlLJUSTllCE
ITERRORiST
OFFENCESlACT
20@S
I am the 'Designated Judge' under the above-mentioned Acts.In the course of the year since my last report, of 2
nd
December, 2009, a number of alleged breaches of s. 64(2) of the Act of 2005, were investigated by me. Thesebreaches are alleged to have been committed by a member of An Garda Siocluina. Asa result of my investigations, I was concerned that these breaches may have occurred.These alleged breaches are now the subject matter of a criminal investigation and alsodisciplinary proceedings under the Garda Disciplinary Code. From the point ofVicwof compliance with the requirements of the Act of 2005, I am satisfied that the fullextent of the alleged non-compliance with the Act has been rigorously investigatedand fully understood and all appropriate steps taken to ensure future compliance.On Thursday IS
lh
November, 2010, I attended at the headquarters of An GardaSiochlina at 'The Depot', Phoenix Park, Dublin, and later on the same date, at theheadquarters of the Army in McKee Barracks, Blaclchorse Avenue, Dublin, and at theOffice of the Department of Justice, Equality and Law Reform, 81. Stephen's Green,Dublin 2. In each of these locations, such documents and records pertaining to theoperation of the above Acts, as were requested by me, were made available and were
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