IHRC granted leave to appear in Data Protection Case in the High Court.
The Irish Human Rights Commission (IHRC) was today granted leave to appear before the High Court as an amicus curiae or ‘friend of the court’ in the proceedings entitled Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources and others. The proceedings concern the validity of acts and measures designed to require telecommunications service providers to retain the mobile phone, internet and e-mail communications data of people who use such services, for access and use by State authorities for a period of 3 years (in the case of present domestic law) or for a period of up to 2 years (under Directive 2006/24/EC).
The IHRC applied to the High Court to seek liberty to appear in the proceedings before it because it is concerned about the human rights implications of retention of personal data by the State. Also being considered by the Court today was the issue of the Plaintiff’s locus standi (ability to take proceedings) in the case and issues relating to a possible reference to the European Court of Justice in the case.
Welcoming the decision of the Court, the President of the IHRC, Dr. Maurice Manning, stated: "This is the eighth time the IHRC has sought and been granted liberty to appear before the Superior Courts as amicus curiae or ‘friend of the court’ and the IHRC welcomes the decision of Mr Justice McKechnie today to allow it to appear. The IHRC’s appearance in the proceedings will be directed towards drawing both constitutional and international human rights principles to the attention of the High Court."
"This case raises important issues about the extent to which laws and measures governing the monitoring of one’s private life by the State in pursuit of tackling crime possess sufficient human rights safeguards" stated Éamonn Mac Aodha, Chief Executive of the IHRC. Mr MacAodha continued "one of the priorities of the IHRC is to address potential threats to human rights that may emerge with developments in communications technology such as in the present case where issues of individual security and privacy are raised."
The full text of the IHRC’s written submissions will be made available on the IHRC’s website www.ihrc.ie in due course.
For further information, please contact:
Fidelma Joyce
Irish Human Rights Commission
Tel: 01 8589601 Mobile: 087 7834939
Notes to Editors
Under section 8(h) of the Human Rights Commission Act 2000, the IHRC may, at the discretion of the High Court or the Supreme Court, appear as amicus curiae in proceedings that involve or are concerned with the human rights of any person.
Section 2 of the Human Rights Commission Act, 2000 defines "human rights" to include those rights conferred on or guaranteed to persons under the Constitution and under any agreement, treaty or convention to which the State is a party.
The IHRC first appeared as amicus curiae before the Supreme Court in April 2005 in the case of Dublin City Council v Fennell which involved issues regarding the interpretation and effect of the European Convention on Human Rights Act. Since then it has been granted liberty to appear before the Supreme Court and High Court in eight cases.
The IHRC’s Strategic Plan 2007-2011 Promoting and Protecting Human Rights in Ireland addresses contemporary threats to human rights in its Goal 5 including in relation to advances in communications technology.
Related to the present case are proceedings being brought today before the European Court of Justice in Luxembourg by Ireland against the European Parliament and Council. In those proceedings, Ireland is seeking to annul Directive 2006/24/EC concerning data retention, on the grounds that it was not adopted on an appropriate legal basis.
A reference to the European Court of Justice refers to the procedure where national courts can refer matters of EU law to the European Court of Justice for a determination. The case ultimately returns to the national court for a final judgment.