According to the proposed bill, law enforcement agencies will gain the ability to legally intervene in various types of communications, including email, messaging apps, and even Internet of Things devices. According to the minister, this necessity is driven by significant technological progress over the past two decades and an increasing reliance of investigative actions on digital data. The European Commission notes that currently about 85% of investigations are based on electronic evidence, and the number of requests to information providers has tripled over the past five years.
The new version of the law will also include a legal basis for the use of covert surveillance programs. This software will allow law enforcement agencies, under established conditions, to access the content of devices, conduct covert recordings, or interfere with network operations if they are used for criminal activities. Authorities will be able to use special scanners to collect identifiers of mobile devices in specific locations to identify suspects and their associates.
One of the key components of the reform will be the introduction of judicial oversight over requests for information interception. Previously, decisions were made solely by the minister; now a dual mechanism will be in place: the involvement of a judge will be mandatory alongside the minister. It is also proposed to require applicants to indicate the presence of protected data, such as information related to legal confidentiality.
This legislative initiative will ensure that Ireland complies with international standards, including the requirements of the Budapest Convention on Cybercrime, which mandates that states have the ability to collect both metadata and the content of digital messages in real time. Furthermore, the bill includes measures for technical cooperation with other EU countries based on the principle of reciprocity — interception of information under international assistance will be possible if permitted by domestic legislation.
The development of the bill will be carried out in cooperation with the Attorney General's Office, as well as other ministries and government agencies. 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 available in 2026, and extensive consultations with stakeholders are also planned.
