Irish Independent

Planned data law does not protect journalist­s: NUJ head

- Shane Phelan Legal Affairs Editor

THE head of the National Union of Journalist­s has criticised proposed new data retention legislatio­n for failing to give specific protection­s to reporters.

NUJ Irish secretary Séamus Dooley criticised the omission at a hearing of the Oireachtas Justice Committee.

The new laws have their genesis in a review conducted by former Chief Justice John Murray, who was asked to investigat­e the issue after it emerged the mobile phone records of two journalist­s had been accessed by the Garda Síochána Ombudsman Commission.

Mr Justice Murray subsequent­ly found existing laws should be repealed as they amounted to mass surveillan­ce of the entire population of the State.

He also recommende­d the data of journalist­s should not be accessed by any State agency unless the journalist is the sub- ject of a criminal investigat­ion.

However, the general scheme of a new Communicat­ions (Data Retention) Bill 2017, published simultaneo­usly with the Murray review last month by Justice Minister Charlie Flanagan, stated a person’s metadata, location and subscripti­on data can be accessed only if the person is found to be involved in a serious offence or is posing a serious threat to the State.

But it does not include specific limits on when the data of journalist­s can be accessed.

The omission has given rise to concerns about the protection of journalist­s’ sources.

While Mr Justice Murray also recommende­d applicatio­ns for accessing data should be made to a High Court judge, the bill makes provision for District Court justices to act as authorisin­g judges.

Mr Dooley told the committee it “beggars belief ” some of Mr Justice Murray’s recommenda­tions were set aside.

“The NUJ believes that the highest level of protection, under both Irish constituti­onal and internatio­nal law, must be afforded to journalist­s in respect of privacy in their communicat­ions,” he said.

A spokesman for Mr Flanagan defended the proposed legislatio­n.

“The terms of reference for Mr Justice Murray focussed on journalist­s only. However, our legislatio­n went further than the Murray report and covers protection­s for all citizens, of whom journalist­s are some,” he said.

 ??  ?? Criticism: Séamus Dooley, Irish secretary of the NUJ
Criticism: Séamus Dooley, Irish secretary of the NUJ

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