“The use of a controversial spying power by law enforcement agencies has fallen sharply since a landmark ruling that Irish legislation breached EU law.
However, one legal authority expressed concern that the powers are still being used to a significant extent despite the ruling.
TJ McIntyre, associate professor of law at UCD, said the exercise of the powers is in breach of both the High Court judgement of December 2018 and previous European court rulings.
The High Court ruled that 2011 legislation allowing State agencies to access people’s private communication data provided for an “indiscriminate” data-retention regime and breached privacy rights under EU law and the European Convention on Human Rights.”
See: Concerns ‘spying powers’ still being used despite ruling Irish legislation breached EU law (Irish Examiner, link):