Plans to force encrypted messaging apps like WhatsApp and Signal to give Gardaí access to private conversations would “profoundly undermine” digital security, the Irish Council for Civil Liberties (ICCL) has said.
In a statement issued this week, the group said cybersecurity experts were unanimous that so-called “backdoors” for law enforcement could not be created without also leaving users vulnerable to hackers and malicious actors.
“It is impossible to create ‘backdoor’ access pathways for law enforcement that can’t also be exploited,” the organisation said.
The ICCL added that encryption protects not only personal conversations but also online banking, shopping and wider digital activity.
“We all rely on encryption to safeguard our sensitive personal data when browsing, communicating or doing business online,” it said.
“Forcing companies to break their own encryption would profoundly undermine our digital security, as well as our fundamental rights to privacy and data protection.”
The council cited the position of the United Nations and the European Court of Human Rights in opposing laws that compromise encryption. It also highlighted the recent example of the UK government withdrawing a demand for Apple to install a backdoor into its cloud services, after the company refused.
“Apple stated it had never built – and never would build – backdoor access into any of its encrypted products,” the ICCL noted.
“Instead, Apple disabled its advanced data protection service in the UK and challenged the order in court.”
The group urged Justice Minister Jim O’Callaghan to reconsider his planned legislation, describing the proposals as “neither proportionate nor technically sound.”
It called for “transparent consultation with cybersecurity experts, civil society and technologists before proposing any legislation that could irreversibly damage digital privacy and cybersecurity.”
Last month, O’Callaghan told an audience that Gardaí must have powers to intercept modern communications.
“None of us would like to imagine living in a surveillance State,” he said.
“But neither…would we like to imagine people who have taken or plan to take the lives of others continuing to walk free with impunity.”
The Minister said existing laws from 1993 were outdated and did not cover modern apps, making it “a matter of considerable concern” for security agencies.
“It is not possible for State agencies to carry out lawful interception on these services and this is a matter of considerable concern,” he said.
O’Callaghan confirmed that he intends to bring forward a new Communications (Interception and Lawful Access) Bill in the coming months, which would extend interception powers to cover encrypted services. He said the legislation would include judicial authorisation and new safeguards to protect privacy rights.
At European level, the European Commission has also signalled interest in expanding lawful access powers. A policy roadmap published in June pointed to the growth of digital crime and said around 85% of investigations now rely on electronic evidence.
Similar debates have taken place in other countries, where technology companies and digital rights groups argue that weakening encryption for some cases effectively weakens it for all users.