Garda granted access to 11,500 phone records over two years

Garda Commisioner says it is effective way to tackle crime and is subject to safeguards

Minister for Justice Frances Fitzgerald said she could not identify how many requests related to journalists’ phones. Photograph: Cyril Byrne/File photo
Minister for Justice Frances Fitzgerald said she could not identify how many requests related to journalists’ phones. Photograph: Cyril Byrne/File photo

The Department of Justice has confirmed An Garda Síochána w

as granted access to more than 11,500 phone records and 4,000 internet logs over a two-year period.

Figures released by the department show gardaí made almost all of the 16,500 requests in 2013 and 2014. Garda Commissioner Nóirín O’Sullivan defended the use of the powers by the force insisting it was an effective tool in fighting crime.

“There are very strict safeguards in place and very robust safeguards that we employ,” she said yesterday.

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“It is recognised as a very effective tool worldwide. It is a crime investigation tool and the focus on the legislation is really making sure that as the primary law enforcement agency of the State that we can properly, effectively investigate crime and terrorism and ensure that individuals are safe.”

Under the Communications (Retention of Data) Act 2011, GSOC, an Garda Síochána, the Revenue Commissioners, the Defences Forces and the Competition and Consumer Protection Commission can monitor civilian phones with only internal approval required.

The information received for two years shows An Garda Síochána received 11,571 phone records or logs and the internet data in 4,014 cases were provided. The Garda Síochána Ombudsman Commission accessed 386 phone records only – 295 in 2013 and 91 in 2014.

Phone logs

The

Defence Forces

accessed 404 phone logs and internet data in 27 cases over the two-year period while the Revenue Commissioners accessed 47 telephone logs.

Minister for Justice Frances Fitzgerald insisted this information was only provided when serious crime was being accessed.

“Let’s be very clear. There is no widespread snooping on private individuals, private citizens’ phones or their records. I want to say that to the public,” she said.

“What we have is a system in place outlined in the 2011 legislation where the gardaí when they are concerned about serious crime, about a threat to the security of the State or threat to someone’s life, where they have the powers to access phone logs or phone records.

“So in terms of the percentages in Ireland it is relatively low internationally and what the review will do is it will examine whether further safeguards are needed in relation to access to journalists’ phones.”

Resources

The Minister and the Garda Commissioner denied resources were being wasted probing into the leaks of information by gardaí to the media.

Ms O’Sullivan said every avenue is used by An Garda Síochána to ensure crimes are investigated fully and thoroughly.

"I have certainly seen over the past number of days questions about whether there are more resources into investigating leaks that is quite simply untrue, and there is no foundation to those claims." The Minister for Justice has appointed former chief justice Mr Justice John Murray to conduct a review of the legislation allowing access to the phone records of journalists.

He has three months to report back to the Minister and propose any legislative changes required.

Ms Fitzgerald said she could not identify how many of the requests made related specifically to journalists.

“There is no reason to believe that journalists are selected out for particular intention.”