Jim O’Callaghan, the Minister for Justice and Equality in Ireland, has announced a new initiative to revise the legislation concerning the interception of communications. The proposed bill, known as the Communications (Interception and Lawful Access) Bill, aims to replace the outdated law from 1993, which does not account for modern methods of digital communication.
According to securitylab.ru, the government seeks to establish a modern legal framework to combat serious crimes and threats to national security. The new bill provides for lawful interference in various types of communications, including email, messaging apps, and Internet of Things devices. The Minister noted that the need to update the legislation is driven by significant technological progress over the past twenty years and the growing reliance of investigative actions on digital data. According to a document from the European Commission, approximately 85% of investigations rely on electronic evidence, and requests to data providers have tripled in just five years.
The expanded version of the law will create a legal basis for the use of surveillance programs that will allow law enforcement agencies, under certain conditions, to access data on devices, conduct covert recordings, or disrupt the functioning of networks used for criminal purposes. Additionally, authorities will gain the right to use special devices for scanning in specific locations to collect mobile device identifiers and identify suspects and their surroundings.
A key element of the reform will be the introduction of judicial oversight for requests to intercept information. Unlike previous practices, where decisions were made solely by the Minister, a two-tier mechanism will now be in place: maintaining ministerial involvement with mandatory participation from a judge. It is also proposed to require applicants to indicate the presence of protected data, such as information covered by legal confidentiality.
This bill will ensure Ireland's compliance with international obligations, including the provisions of the Budapest Convention on Cybercrime, which requires states to be able to collect both metadata and the content of digital messages in real time. Measures for technical cooperation with other EU countries based on the principle of reciprocity are also provided — interception as part of international assistance will be possible if permitted by domestic law.
The development of the bill will be carried out in collaboration with the Attorney General's Office, other government agencies, and ministries. The Ministry intends to actively engage with the technology sector to create effective and realistic procedures. A preliminary version of the document is expected to be published in 2026, along with extensive consultations with stakeholders planned.
