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High Court upholds the legality of statutory provisions that allow Gardaí to request passwords for devices seized during a search. The court found that the privilege against self-incrimination was not engaged, as the passwords and devices, including smartphones and a laptop, existed independently of the will of the individual. The search warrant, based on a detailed sworn Information, was lawfully issued and executed, and the subsequent request for passwords was within the statutory authority. The court refused the application for judicial review, finding no disproportionate interference with the individual's rights.
Judicial Review, Criminal Justice (Theft and Fraud Offences) Act 2001, Search Warrant, Gardaí, Password Request, Privilege Against Self-Incrimination, Smartphones, Laptop, Legality, Proportionality, High Court, Section 48(5)(b)(i), Section 49(1)(c), Section 49(2), Constitution, European Convention on Human Rights Act 2003, Declaration of Incompatibility.
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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