Ireland Plans New Law Granting Gardaí Powers to Use Advanced Spyware

Dublin: The government is preparing new legislation that would allow gardaí to use advanced covert surveillance software, similar in capability to the controversial Pegasus spyware, as part of efforts to combat serious crime and threats to national security.

The proposed measures are contained in the Communications (Interception and Lawful Access) Bill, which would expand the investigative powers of An Garda Síochána while introducing oversight and accountability mechanisms involving the Government and the Minister for Justice.

Under the legislation, gardaí would be permitted to deploy covert surveillance tools to access data on mobile phones, laptops and other electronic devices, including encrypted messaging platforms such as WhatsApp. The Department of Justice says the powers would be used to investigate serious criminal activity and to prevent threats to the security of the State, including where such software must be lawfully deployed in other jurisdictions.

Human rights organisations, including the Irish Council for Civil Liberties, have raised concerns that Pegasus-style spyware could be misused and turned against members of the public under the guise of crime prevention. They argue that such tools go far beyond traditional law-enforcement methods and pose risks to privacy and civil liberties.

The legislation draws on international guidance, including a 2024 report to the Council of Europe by the European Commission for Democracy Through Law, commissioned following the use of Pegasus by Israeli police. It also references findings by the European Data Protection Supervisor, which warned that Pegasus should not be equated with conventional policing tools. European human rights bodies have further stressed that such surveillance should only be permitted under strict legal safeguards and judicial oversight, with exemptions for journalists and others protected by professional privilege.

Opposition parties have strongly criticised the proposals. Social Democrats justice spokesperson Gary Gannon accused Justice Minister Jim O’Callaghan of attempting to normalise Pegasus-style spyware in Irish law, describing the approach as overly authoritarian. Sinn Féin’s Matt Carthy said the measures go too far and highlighted concerns about related legislation that could allow the seizure of journalists’ phones and laptops.

Responding to the criticism, Minister O’Callaghan said the attacks were personal and misplaced. He defended the Bill as a necessary update to the law to address serious crimes carried out using modern technology, including offences that cause grave harm to citizens and children. The minister said failing to strengthen the legal framework would amount to a failure of his responsibilities in office.

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