In the High Court.
Graham Dwyer – who was sentenced to life in prison in March 2015 for murdering Elaine O’Hara in August 2012 and who is appealing his conviction – won a legal action against the Garda Commissioner and the State over data from mobile phones.
He claimed data gathered from his phone should not have been used at his 2015 trial at the Central Criminal Court.
“The data formed a huge part of the trial but Dwyer argued it shouldn’t have been used as it breached his rights.
“The data placed the phone at a specific place at a particular time – however Dwyer, who was sentenced to life in prison in 2015, claimed the use of the data was unconstitutional.
“Gardaí gathered the information using laws that were brought in under a European directive. However the directive was later declared invalid by the European Court of Justice.
“The High Court today ruled that Irish laws – which allow for mobile phone data to be retained and accessed – are in breach of EU law.”
TJ McIntyre, law lecturer in University College Dublin and chair of Digital Rights Ireland, has tweeted: