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Court of Appeal rules that material found on a Garda member's mobile phone during a criminal investigation cannot be used in subsequent internal disciplinary proceedings in circumstances where the phone was initially seized under a search warrant related to a criminal investigation into alleged distribution of child pornography, and although no criminal charges were brought, the Garda faced disciplinary charges based on other material found on the phone, the Court finding that the statutory framework does not permit the use of such material in disciplinary contexts, emphasizing the privacy rights protected by the Constitution and European human rights law.
Garda Síochána - disciplinary proceedings - search warrant - Child Trafficking and Pornography Act 1998 - privacy rights - Constitution - European Convention on Human Rights - seizure of evidence - criminal investigation - data protection - personal data - Court of Appeal - statutory interpretation - public interest - Garda Discipline Regulations.
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