Huge State Lawbreaking Via Data

There is a current court case proceeding against four men accused of assaulting Quinn Industrial Holdings Director Kevin Lunney. The things done to the poor man by the accused, were torturous and body scaring. In short, terrible criminality. I hope Mr Lunney gets justice for what was done to him.

I mention this case as it too raises issues that the current parties of Fianna Fail and Fine Gael especially, would rather the general public not learn about or examine its further implications. In the ongoing court case, a barrister has pointed out to the court about how the government has failed to legislate how Garda can access mobile phone data.

  • Yes, I write this post two days after the public announcement of Garda to be future able demand passwords for accessing a phone, on the back of a simple property search warrant issued by a judge.

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This latest announcement comes just a week after a single news report (wrote by Eoin Reynolds, Irish Daily Mail) was shared to the public about the legal criticism in a state court, as to the inadequacy current legislation. 

  • The government has decided (again, as you will see shortly) to ‘shrug their shoulders‘ (barrister direct quote) following various court rulings reports since 2012 – which revealed problems with the Communications (Retention of Data) Act 2011. Note this.
  • A ruling of the Supreme Court in Ireland, January 2019, stated that the 2011 Act was inconsistent with EU legal issued directives and also the Charter of Fundamental Rights of the European Union. The 2019 Supreme Court found that the mass collection of data by the state is a breach of citizens fundamental rights. Note this.

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Garda had just used standard issued search warrants to access mobile phone data. Yes – the wide awake will also notice this is BEFORE NOW and the NOW government announced plans to give Garda legal power to better access phone data! Think about this aspect alone…

The barrister also pointed out that on the back of the government turning a (convenient) blind eye to legal inadequacies and possible law breaking by the state, that (note this) search warrants are not an appropriate way of obtaining personal, private, digital information.

 

Joining The Dots.

Let me take you to two other matters.

MATTER ONE: The PSC card. August 2019. “The Data Protection Commission (DPC) has found the Department of Employment Affairs and Social Protection’s processing of personal data during the issuing of Public Services Cards (PSC) for use in transactions between a person and a public body other than the department itself to be illegal. The commission also found that the blanket and indefinite retention of documents and information provided by people applying for a Public Services Card contravenes data protection law. LINK.

  • I have previously wrote about this in specific detail HERE, HERE and HERE too. Additionally, this is a card that is illegal to demand by other state departments beyond the Department of Social Welfare – but that other departments are illegally demanding, be produced in order to access their additional functions. This includes our post offices that are also breaking even more data laws. LINK LINK

 

 

Now, lets be clear here too. This is all massive government lawbreaking. This is lawbreaking that Fianna Fail, Fine Gael and other parties KNOW is being done, are in office to do something about but repeatedly won’t. So, guilty after the fact, they are allowing criminality of their elected in office and department officials, to continue. Yes, includes Regina Doherty who was head of the Social Welfare department at the time – who at the same time was also over even more state data law breaking in regards to JobPath (LINK) and how it too was (and still is) illegally treating people’s personal data. This brings us to matter two.

MATTER TWO. Previously, the European Court of Justice ruled in what known as the “Bara case” – where the legal ruling was that it’s illegal for even state departments to give away information to even other state departments – never mind, to further other private companies – without firstly and fully, informing the people involved of many related details and also getting their clear cut, un-bullied, unpressured, non-coerced permission.

In fact, hidden from the public, there has been massive illegal state bullying, pressuring, coercive state department tactics being applied on thousands of Ireland citizens. Yes, besides data laws, all this breaks international human rights laws that Ireland is legally signed up to, to obey. All this alone, is also occurring within the JobPath national scandal (LINK and LINK) that RTE and other Ireland media continues to keep buried from public attention and learning.

 

Unbelievable But No Less True.

All the above mentioned is just a short summary on current matters. Each of the matters can be further delved into in greater detail. In fact, I have done this repeatedly for the public and for elected representatives. My words are being deliberately ignored. Nothing new. Even my local LMFM radio station blanks me despite I repeatedly trying to raise critical matters through them. 

To wrap things up for now, I will say the following;

  1. The current government are massive data rights lawbreaking (as have past ones too).
  2. The current government are massive breaking European human rights protocols (as have past ones too).
  3.  Elected in TD office and in Seanad positions have broken state laws and international laws while also deliberately ignoring others pointing this repeatedly out. 
  4. Elected in TD office and in Seanad positions have deliberately ignored international legal rulings while also deliberately ignoring others pointing this repeatedly out.
  5. Past and current governments consider it “Not in your interest” for you to know who they (a) illegal obtain your information and (b) illegal store it.
  6. State department representatives (including Garda, of all people) acting on behalf of past and current governments have been carrying out further illegal acts even before Ireland based legislation is put in place – even if it, in some cases, still then conflicts with previously established EU laws!
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Those are just some of the facts (in summary).

 

Conclusion.

From many years of research and investigation, I am left with the conclusion that past and present governments, past and present individual elected and Seanad seat occupiers, are giving two fingers to the public of Ireland in relation to their Irish and international established, basic rights. 

I am left with the conclusion that data laws only exist for others and not for Fianna Fail, Fine Gael, the Green Party and others, who even today continue to break same laws and also laws in relation to people’s personal data.

I am left with the conclusion that state representatives, department or elected, are being deliberate allowed to act as they may with other elected, unofficial permission (as they deliberate look the other way and deliberate stay silent) so that all may continue to act illegal themselves. 

I am left with the conclusion that too many judges are also repeatedly willing to ignore such state law breaking. I have witnessed this myself in the Dublin Highcourts. The antics of them are unequivocally scandalous. Just ask Stephen Manning (LINK LINK) for example. 

I am left with the conclusion that from state media level to local media level, history will record their culpability in hiding many facts from the general public regarding the double-standard and illegal antics of their elected representatives at local and national level.

In fact, I am left with many conclusions – but one main one is the following… Previously in Ireland constitution law, there existed the legal ability of the public to hold elected of Ireland more accountable – all year – every year. This was quietly stripped out of the constitution using underhand tactics. Obvious why Dail elected did this!

Given the fact that recent past and current governments are continuing to tell others to obey laws while they openly break them, Ireland never more needs the return of Participatory Democracy – LINK. This is a UnitedPeople fundamental, peaceful aim.

Given that millions of taxpayers money is being daily lost or being screwed from the public on a daily basis through misspending, TD greed, still too much religious org interference allowed, an EU army signed up to (PESCO) without public permission, through farcical state contracts such as the National Maternity Hospital or the National Children’s Hospital where there is no contract integrated punishments for not reaching specific points – and given that past and current elected deliberately do piss-poor accountability of their own, their mates and business friends – we, the people of Ireland, now than ever must seek the return of Participatory Democracy.

…Of course, current elected won’t allow this. Imagine, they being actually being better held accountable? They shudder at the thought. Their fear for their bank accounts at home and offshore! Meanwhile, your human rights, your personal information and your data retention rights are being total abused. 

However, you are not supposed to know all this and much more…