A garda sergeant who abused her powers to pull the mobile phone records of her ex has not only not been fired, but has been promoted to Crime and Security branch.
Under the law, a garda above the rank of rank of chief superintendent can pull anyone's phone and internet records - without a warrant - in order to investigate a serious offence (i.e. one that carries a penalty of at least five years imprisonment). These records not only show who was calling whom, at what time, the contents of texts, and can even show the location of where the call was made - accurate to a few metres. It is estimated that more than forty such requests for data are made to Irish telecoms companies by the gardaí every single day.
Detective Sergeant Eve Doherty abused her position and broke the law in order to spy on her ex-boyfriend, but no prosecution was brought by the DPP, and the garda ombudsman didn't even bother to seriously investigate the matter. She was disciplined by a garda tribunal, but instead of being fired she has since been seconded to the garda's anti-terror squad.
Digital Rights Ireland » Garda who abused phone records to spy on ex will not be prosecuted, will keep job
Garda detective quizzed for 'spying on her ex'; 'Someone went to great lengths to get records'. | Goliath Business News
One has to wonder if the gardaí are taking their responsibilities under the law seriously if a cop can not only pull records that are supposed to be out of her reach, but can do so about an ex, without losing her job. After this abuse of power the government should make it the law that every data access request should require a warrant signed-off by a judge.




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