Data Retention in Ireland: Privacy, Policy and Proportionality

Abstract

The growth of data retention in Europe has been marked by an interplay between national laws and European developments such as the Telecommunications Privacy Directives (Directives 97/66/EC and 2002/58/EC) and the Data Retention Directive (Directive 2006/24/EC). This article examines the Irish dimension to that growth, outlining how the Irish State has pursued data retention simultaneously by way of domestic law and European initiatives, and considering whether the resulting policy has had the effect of undermining both the right to privacy and the principle of democratic oversight.

Keywords: data retention, data retention directive, mass surveillance, privacy, communications