I am aware of the report to which the Deputy is referring which deals with the subject of "Covert policing and human rights standards" in the UK. The rapid recent growth in the use of media such as e-mail, Internet etc. for personal and other forms of cummunications does of course carry with it inherent threats to the privacy of individual users. Due to the very nature of such media, these problems are common to all jurisdictions. There have been a number of statutory and non-statutory developments in this area in this State.
The Data Protection Act, 1988, requires data controllers to take "appropriate security measures" to prevent unauthorised access to or disclosure of data. Under the Act, the Commissioner is empowered and indeed obliged to, investigate any complaints lodged in respect of an alleged breach of privacy. I understand also that the Commissiner is currently examining a set of draft guidelines for Internet users and service providers prepared by the Council of Europe, with a view to their possible adoption and implementation in this jurisdiction.
The working group on illegal and harmful use of the Internet which published its first report in July this year acknowledged, inter alia, the threat posed to personal privacy by the Internet and ponted towards the Data Protection Act and the general principles enshrined in data protection as the best means of regulating — including the safeguarding of personal privacy — what is an extremely complex area. Also, in June 1988, the Law Reform Commission published a report entitled: “Privacy: Surveillance and Interception of Communications”. This report contains a series of recommendations, some of which are concerned with the imposition of civil liability for privacy-invasive surveillance and harassment where others are concerned with the creation of new criminal offences and with regulatory provisions. The recommendations made in the report cover a range of very complex issues and will require detailed study within my Department.
Finally, it is not the practice, for good reason, to provide details in relation to specific security matters, but the Deputy will be aware that the Interception of Postal Packets and Telecommunication Messages (Regulation) Act, 1993 regulates the exercise by the Minister for Justice, Equality and Law Reform of his power to authorise the interception of postal packets and telecommunications messages. Ministerial warrants under the provisions of the 1993 Act are issued in very exceptional circumstances in the public interest when this is necessary for security purposes, or for the prevention and detection of serious crime, and then only for the securing of information which can be obtained in no other way. The operation of the Act is kept under review by the President of the High Court who is the designated judge under section 8 of the Act.
