A new law proposed in Ireland could allow An Garda Síochána to secretly monitor mobile phones and digital communications without the knowledge of the user. The powers are contained in the Communications (Interception and Lawful Access) Bill, which is currently progressing through the legislative process.
The bill would permit Gardaí to use advanced spyware, similar in capability to Pegasus, to access encrypted messaging platforms such as WhatsApp. The stated aim is to help investigate serious crime and prevent threats to national security. The Justice Department says these tools would act as an alternative to physically seizing phones, laptops or other devices.
However, civil liberties groups, including the Irish Council for Civil Liberties, have raised strong concerns. They warn the legislation, though intended to target criminals, could be misused and undermine privacy rights if safeguards are insufficient.
Justice Minister Jim O’Callaghan has defended the bill, saying Ireland’s laws are outdated and must reflect modern technology used by criminals. He said the legislation draws on guidance from the European Commission for Democracy Through Law and opinions from the European Data Protection Supervisor, which cautioned against equating spyware with traditional interception tools.
Opposition figures have reacted sharply. Gary Gannon accused the minister of attempting to normalise Pegasus-style surveillance, while Matt Carthy warned that related legislation could allow the seizure of journalists’ devices.
Human rights groups linked to the Council of Europe have also warned that such surveillance should only be used in exceptional cases, under strict court oversight, and with protections for journalists and others covered by professional privilege.
Minister O’Callaghan has rejected claims of overreach, saying the law is aimed solely at criminals involved in serious harm, including offences against children, and that failing to strengthen surveillance powers would amount to failing in his duty as justice minister.