According to the new bill, authorities will gain the ability to legally intervene in various types of communications, including email, messaging apps, and Internet of Things devices. The minister noted that the need to update legislation is driven by the rapid development of technology over the past 20 years and the increasing dependence of law enforcement on digital data. According to the European Commission, approximately 85% of investigations are based on electronic evidence, and the number of requests to data providers has tripled in the last five years.
The bill will also propose a legal framework for the use of software for covert surveillance. This will allow law enforcement agencies, while adhering to established conditions, to access data from devices, conduct covert recordings, and interfere with the operation of networks used for criminal activity. Additionally, authorities will be able to use special scanners in certain locations to collect mobile device identifiers to identify suspects and their associates.
One of the key aspects of the reform will be the introduction of judicial oversight over requests for information interception. Unlike previous practices, where decisions were made solely by the minister, a two-tier system will now be implemented with mandatory involvement of a judge. It is also proposed to require applicants to indicate the possible presence of protected information, such as data protected by legal confidentiality.
This bill will enable Ireland to meet international obligations, including the requirements of the Budapest Convention on Cybercrime, which mandates that states have the capability to collect both metadata and the content of digital messages in real-time. The document also includes measures for technical cooperation with other EU countries based on the principle of reciprocity — interception under international assistance will be possible provided that it is permissible under domestic law.
The work on the bill will be conducted in collaboration with the Attorney General's Office, other ministries, and state bodies. The ministry plans to actively engage with the technology sector to develop effective and realistic procedures. The draft law is expected to be presented in 2026 and includes extensive consultations with stakeholders.
