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ICCL & DRI Submission to Joint Committee on Justice and Equality Communications (Retention of Data) Act Bill 2017

  • Article
  • November 16, 2017
  • Privacy

Key Recommendations 

 

Digital Rights Ireland (DRI) and the Irish Council for Civil Liberties (ICCL) thank the Committee for the opportunity to make submissions on the General Scheme of the Bill. We welcome the fact that some of the issues initially raised by Digital Rights Ireland in its constitutional challenge - commenced in 2005 - are being addressed by legislation.

 

That said, the General Scheme of the Bill fails to:

  1. Meet the requirements of European Union (EU) Law set by European Court of Justice (CJEU) in its judgments in Digital Rights Ireland and Tele2;
  2. Adequately reflect European Convention of Human Rights (ECHR) norms; and
  3. Include key recommendations from the Murray Review of data retention.


We therefore recommend:

Explicit protection of journalist sources.

Strict Necessity clause. 

Targeted Data retention.

A Limited Retention Period. 

Limited Third Party Access. 

Precise Definitions of data being collected.

In cases of urgency, mandate retrospective authorisation. 

In cases of urgency, require a Judge or Oversight body. 

Notification.

Compensation. 

Complaint notification reasons. 

Complaint Reporting.

Establish an independent supervisory body.

Judicial Remedy for those affected.

 

Read the full report HERE.

 

 

 

 

 

 

 

WOMEN’S EQUALITY AND ARTICLE 40.3.3 OF THE IRISH CONSTITUTION

  • Article
  • November 7, 2017

Article 40.3.3 of the Irish Constitution and the criminalisation of abortion

The ICCL supports the removal of Article 40.3.3 of the Irish Constitution. In addition, the ICCL supports the decriminalisation of abortion and the introduction of legislation providing for abortion services that are accessible to all women and girls in Ireland. Our references to women and girls should be understood to include people of all genders who may become pregnant.

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