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Balance of EU data law rights favours criminals - Martin Kenny TD

18 November, 2021 - by Martin Kenny TD

Sinn Féin spokesperson on Justice Martin Kenny TD has called on the government to give clarity on the potential issues arising from an opinion issued by the Advocate General of the European Court of Justice today.

He has said the government needs to press for reform of EU law, the balance of which potentially favours criminals.

Teachta Kenny said:

"We have known for some time that the case in question was headed for the European Courts of Justice, and while this is a finding and not yet a ruling, the ECJ does tend to follow the lead of the Advocate General.

"Government has had plenty of time to prepare for this and how they may potentially react to it.

"We see the State is currently fighting a ruling by the European Commission to prevent Apple paying a large fine, and I would hope they will challenge an ECJ ruling in this case if it finds in Graham Dwyer's favour.

"I would be of the opinion that when the High Court refused Graham Dwyer’s appeal, they did so in good faith, and in the best interests of protecting the public.  

"Clearly the issue here is that EU law regarding the protection of privacy related to stored data outweighs the requirements of a judicial system to protect its citizens from dangerous criminals.

"I believe this needs to be reviewed at an EU level and the government must take the lead in pressing for reform.

"People have a right to privacy and to expect their privacy to be maintained, however they also have the right to be protected from dangerous offenders."

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