DRI against the Irish law on the interception of communications

By EDRi · June 3, 2009

This article is also available in:
Deutsch: [DRI gegen das irische Gesetz zur Kommunikationsabhörung | http://www.unwatched.org/node/1416]

Digital Rights Ireland has lodged a formal complaint with the European
Commission against Ireland over the Irish law on the interception of
communications.

The Irish law, which is governed by the Interception of Postal Packets and
Telecommunications Messages (Regulation) Act 1993, applies only
to telecommunications providers who operate under a licence or general
authorisation. Consequently, the vast majority of internet communication
services (such as VOIP providers, webmail and instant messaging services)
are not covered, so the interception of communications on those services is
unregulated.

This is in breach of Art. 5 of the e-Privacy Directive (Directive
2002/58/EC) which requires member states to “prohibit listening,
tapping, storage or other kinds of interception or surveillance of
communications and the related traffic data by persons other than users,
without the consent of the users concerned, except when legally authorised
to do so (by) legislative measures (which are) necessary, appropriate and
proportionate within a democratic society”.

Complaint to European Commission over Irish Interception Laws (28.05.2009)
http://www.digitalrights.ie/2009/05/28/complaint-to-european-commission-over-irish-interception-laws/

(contribution by EDRi-member Digital Rights Ireland DRI)