The Gardai Are Getting Powers To Monitor WhatsApp Chats
The Gardai Are Getting Powers To Monitor WhatsApp Chats
Text: Izzy Copestake
Currently, Gardaí can’t get warrants to tap messages sent on encrypted platforms. This is set to change.
Gardaí could soon be able to intercept and monitor live conversations on private messaging apps including WhatsApp, iMessage, and Instagram under new surveillance laws being introduced by the government. Justice Minister Jim O’Callaghan is preparing to bring forward legislation that would give Gardaí, the Defence Forces, and the Garda Ombudsman the ability to track messages involving those linked to potential criminal activity.
The Communications (Interception and Lawful Access) Bill will update existing laws to cover a wider range of modern technology. It will replace the 1993 Interception of Postal Packets and Telecommunications Messages Act, which is seen as outdated in the age of encrypted messaging and emerging tech. The new bill will also allow for the interception of messages sent through satellite networks, gaming consoles, and even in-car systems, platforms not previously covered under existing laws.
This is a change from the current law. Currently, Gardaí can’t get warrants to tap messages sent on encrypted platforms, although they can access content stored on devices seized during investigations. The push for legislative reform comes after repeated calls from both Garda Headquarters and the Defence Forces to modernise surveillance laws.
Judges overseeing warrant use have previously described the current legal framework as “deficient and urgently requiring modernisation”, while privacy advocates argue the system lacks transparency and safeguards.
It remains unclear how tech companies like Apple, Google, Meta, and TikTok’s owner ByteDance will respond to the new laws, but they have been resistant in the past. Apple, which has resisted global pressure to weaken its encryption, recently withdrew its advanced data protection features in the UK rather than grant government access. WhatsApp has also said it would rather leave a country than comply with orders that force it to break encryption, stating it would not follow legal demands to access user data.
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