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Mobile phone data seizure protocol upheld in privacy and legal privilege dispute
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Court of Appeal upholds the High Court's decision to refuse the appellants' request for interlocutory injunctive relief, which sought to restrain An Garda Síochána from examining data downloaded from a solicitor's mobile phone. The appellants had argued that the search and seizure of the phone data violated their constitutional and European Convention on Human Rights privacy protections, as well as legal professional privilege. The Court of Appeal found that the appellants did not engage in good faith with the proposed protocol to protect privileged and irrelevant data, and that the balance of justice did not favor granting the interlocutory relief sought.
Interlocutory injunctive relief, An Garda Síochána, mobile phone data, legal professional privilege (LPP), privacy rights, European Convention on Human Rights (ECHR), search warrant, Criminal Justice (Miscellaneous Provisions) Act 1997, Criminal Justice Act 2006, Court of Appeal, High Court, judicial review, balance of justice, protocol for examination of data, digital space, search and seizure, presumption of constitutionality, effective remedy.
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