A person could be fined €30,000 and/or face up to five years in prison for refusing to divulge passwords to phones, computers and other devices, whilst Gardaí will also be able to arrest and detain someone until their identity details are confirmed as genuine.
The Minister for Justice is to unveil a new bill providing Gardaí with a “clear and transparent” statutory footing for search, arrest and detention powers already exercised by the force.
The new law will criminalise the withholding of passwords from Gardaí carrying search warrants, with representative of the force claiming such measures are needed as more crime moves online.
The Irish Times reports that one Garda source told the paper phone apps are now being used to transfer drug payments, prompting the latest increase in Garda powers.
Under the new law, Gardaí will also be required to make a written report of every ‘stop and search’ they conduct, so as to gauge which identity groups are being focused on most by the force.
The measures contained in the bill, which include provisions to look after the children of those who are detained and conduct interviews using recording means other than written notes, follow recommendations being issued in 2018 by the Commission on the Future of Policing in Ireland.
“The law in this area is currently very complex, spread across the common law, hundreds of pieces of legislation, constitutional and EU law,” Ms Humphreys told the Irish Times.
“Bringing it together will make the use of police powers by gardaí clear, transparent and accessible. The aim is to create a system that is both clear and straightforward for gardaí to use and easy for people to understand what powers gardaí can use and what their rights are in those circumstances.”