Garda Síochána (Powers) Bill 2026: Report and Final Stages
Seanad Éireann — 2026-06-17
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senator Andrews for his amendment. In responding to it I must rely upon what is in section 23 of the Bill because it deals with very many of the concerns expressed by Senator Andrews in his amendment.
Section 23 is entitled "Treatment of material seized under search warrant". Section 23(1) provides that anyone who "seizes material, shall ensure that following its removal from the place of search the material is stored and a record is made of the material". There is also a requirement that when it is no longer needed the material must "be returned to the person who disclosed the material", and then, others who have it must ensure that the material is deleted, without delay, and the person from whom it was seized must be informed at the time of its deletion.
Section 23 sets out the rules for handling seized material. It requires confidential treatment and the return of deleted material. As I have said, it is consistent with the decision of the CJEU in the Landeck case on police access to data stored on mobile phones during criminal investigations. That court was of the view that there was a need for post-access notification once this would not prejudice the investigation. Such notification is not required per subsection (4) where doing so would compromise national security, prejudice a criminal investigation or criminal proceedings or would jeopardise the safety of a person.
As I said, I believe that section 23 addresses the concern set out in the amendment. However, even if the amendment was accepted it would not be possible for the Garda to ensure that data is encrypted at rest and transit as the seized data may itself be encrypted. Members of the Garda are obliged to log and retain digital evidence seized in the format in which it was captured under warrant. Encryption runs contrary to current evidence and best practice of maintaining the technical integrity of seized data should it be challenged in court proceedings. Therefore, I cannot accept this amendment.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-17/debate/main
Retrieved: 2026-08-14T04:55:04+00:00
Sitting date: 2026-06-17