Data storage Bill could be 'Orwellian' - Fine Gael

A new Department of Justice Bill allowing personal electronic data to be retained for two to four years could be an "Orwellian…

A new Department of Justice Bill allowing personal electronic data to be retained for two to four years could be an "Orwellian style measure", Fine Gael has said.

Party's spokesman on justice Mr John Deasy TD said he was concerned the storage of data on every Irish citizen's phone and mobile calls, faxes, and e-mail and Internet usage could be open to abuse.

The Bill, which, according to the article in today's Irish Timesthe Minister for Justice, Mr Michael McDowell, hopes to implement by next spring, requires that personal electronic data be retained for two to four years. At present, data may only be kept for a short period, exclusively for billing purposes - generally, three to six months - and then must be destroyed.

"While Fine Gael fully understand the serious security implications of 9/11, we are concerned that measures being drafted by the Department of Justice relating to the storage of personal data could be open to potential abuse, and result in Irish citizens being left open to abuse of their personal data," Mr Deasy said.

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"Before he proceeds further, the Minister must clarify exactly how this information will be stored, who will have access to it and what restrains will be in place to ensure that all personal information remains confidential. Will bank and credit card details, for example, remain secure?

"Furthermore, Minister McDowell needs to clarify the implication the measure may have on e-commerce. Many pioneers of e-commerce have in the past relocated to Ireland to take advantage of the freedom permitted in Irish laws. This move could jeopardise jobs," Mr Deasy said.

However, Mr McDowell has denied that information will be kept by the Department of Justice as a matter of course and claimed that the story was misleading.

Mr McDowell descibed the story, which appeared in today's Irish Times 'exaggerated' and said the Bill that was being prepared contained none of the frightening implications that the story seemed to suggest.

"[The story] is entirely premature and entirely exaggerated," Mr McDowell said on RTE's News at One.

"It seems to suggest that information will be kept on everybody by the Department of Justice.

"This is simply not the case.In certain circumstances in the interests of preventing serious crime the Deparment of Justice will request telecommunciations companies to retain information on certain individuals."

Mr McDowell added that the Bill had yet to be drawn up and that the necessary consultation process had not even begun yet.

The Irish Council for Civil Liberties (ICCL) also criticised the move. "We have serious concerns that this is treating everybody as a potential suspect in a crime," said Mr Malachy Murphy, e-rights convener with the ICCL. "This would also appear to go against the European Convention on Human Rights, which has explicit protections for citizen privacy."

It is understood that Department officials failed to consult any organisation other than the Garda Síochána in preparing legislation that would in effect overturn existing EU data protection directives.

Patrick  Logue

Patrick Logue

Patrick Logue is Digital Editor of The Irish Times