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Court of Appeal declines to continue an interim injunction that would have prevented An Garda Síochána from examining data downloaded from a solicitor's mobile phone, which was seized under a warrant. The appellants sought to maintain the status quo, arguing that examining the data could cause irremediable harm by potentially breaching legal professional privilege (LPP) and privacy rights. The Court reserved judgment on the broader application for interlocutory relief pending the substantive action's outcome. The original High Court decision had refused the appellants' claims for interim and/or interlocutory injunctive relief. The Court of Appeal's decision not to extend the interim injunction was influenced by the respondents' commitment to a protocol designed to safeguard LPP and privacy rights during the data examination, and the presumption of constitutionality of the statutory provision under which the warrant was issued.
Court of Appeal, interim injunction, An Garda Síochána, mobile phone data, search warrant, legal professional privilege (LPP), privacy rights, Criminal Justice (Miscellaneous Provisions) Act 1997, Criminal Justice Act 2006, European Convention on Human Rights, Bunreacht na hÉireann (Constitution of Ireland), judicial review, presumption of constitutionality, protocol, irremediable harm, balance of convenience, substantive proceedings.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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