Gardaí Could Gain New Powers to Monitor Encrypted Messaging Apps

Gardaí may soon have the power to intercept live conversations on encrypted messaging platforms like WhatsApp, iMessage and Instagram under significant new surveillance legislation currently being drafted by the Department of Justice.

The proposed Communications (Interception and Lawful Access) Bill would mark a major shift from Ireland's current surveillance laws, which date back to 1993 and only allow gardaí to retrieve messages after physically seizing a suspect's device. Justice Minister Jim O'Callaghan confirmed the draft legislation will be brought to Government "in the coming months," replacing legislation that predates the widespread use of modern digital communications.

The General Scheme will establish the "clear principle" that interception powers apply to "all communication services," extending beyond traditional phone calls to include encrypted messaging apps, gaming chats, vehicle communication systems and other emerging technologies. The changes are being driven by the challenges facing modern criminal investigations, with O'Callaghan noting that "around 85% of criminal investigations now rely on such electronic evidence."

Donal O'Driscoll, a retired Garda intelligence officer, told The Times:

"Platforms that are digitally encrypted are the communication systems of organised crime. If lives are at risk or the security of the State is under threat, we need to be able to find out what's happening and stop it."

The push for these powers comes after oversight judge Mr Justice Tony O'Connor highlighted "widespread evidence" of criminal organisations using encrypted communications to avoid detection, (Irish Examiner | The Irish Times) hindering investigations into organised crime, terrorism and child sexual abuse.

However, digital rights campaigners have raised serious concerns about privacy and oversight. The legislation lacks transparency about the extent of interception powers and what safeguards will prevent misuse, particularly regarding the protection of confidential communications involving journalists, lawyers and whistleblowers.

To address privacy concerns, O'Callaghan said new safeguards would include requiring State agencies to get prior authorisation from a judge. The Minister noted that:

"Privacy and technical arguments against intercepting encrypted communications were being addressed by the European Commission."

Major technology companies including Apple and WhatsApp have consistently opposed any weakening of encryption, arguing it undermines security for all users. The legislation remains in draft stage and will require approval from both the Dáil and Seanad before becoming law.

The move reflects broader European efforts to balance law enforcement needs with digital privacy rights, as Ireland seeks to modernise surveillance capabilities that have remained largely unchanged for over three decades.