Ireland Wants to Give Police Spyware and Access to Your Encrypted Messages

Ireland is preparing to hand its police some of the most powerful surveillance tools available, including the ability to deploy spyware, intercept encrypted communications, and track citizens using cell site simulators.

The Communications (Interception and Lawful Access) Bill, announced by Justice Minister Jim O'Callaghan, would replace Ireland's 1993 surveillance framework with legislation designed for the smartphone era. The government argues it's a necessary update. Civil liberties groups call it a surveillance wishlist.

What the Bill Would Allow

The proposed legislation grants Irish police an extensive toolkit for digital surveillance:

Spyware deployment: Police would gain legal authority to install surveillance software on devices and networks. This includes the types of commercial spyware made by companies like NSO Group, Intellexa, and Paragon Solutions, tools that have been used by authoritarian regimes to target journalists and activists worldwide.

Encrypted message interception: The bill explicitly targets communications "whether encrypted or not," covering email services, messaging platforms, and IoT devices. This suggests either requirements for backdoor access or the use of endpoint compromise to bypass encryption.

IMSI catchers: Also known as cell site simulators or Stingrays, these devices mimic cell towers to identify and track mobile phones in a given area. They can capture the identities of everyone nearby, not just suspects.

Covert recording: Authority to secretly record communications made over devices and networks.

Location scanning: Powers to scan electronic equipment in specific locations to identify suspects and their associates.

The Government's Argument

Minister O'Callaghan framed the bill as an urgent necessity. "There is an urgent need for a new legal framework for lawful interception," he stated, noting that the existing 1993 law "predates the telecoms revolution of the last 20 years."

The government points to serious crime and national security threats as justification. Encrypted messaging apps have made traditional wiretapping ineffective, and criminals increasingly operate through digital channels that current laws don't adequately address.

Ireland also cites European precedent. The European Commission's 2024 paper examining spyware legality noted that EU member states could use such tools where situations absolutely require it.

Proposed Safeguards

The government says the bill will include protective measures:

• Judicial authorization required for interception requests
• Application limited to cases of "strict necessity"
• Oversight mechanisms emphasizing proportionality
• Technical cooperation frameworks with communication providers

The introduction of judicial approval would be new for Ireland. Currently, interception warrants are authorized by the Minister for Justice without court involvement.

Why Civil Liberties Groups Are Alarmed

The Irish Council for Civil Liberties is raising serious concerns about the scope of proposed powers.

"These are surveillance tools and powers of extraordinary reach, with sweeping implications for people's rights and freedoms," said Olga Cronin, the organization's surveillance and human rights senior policy officer.

Critics point to several specific concerns:

Mission creep: Exceptional surveillance measures introduced for serious crime tend to become routine over time. Powers initially justified for terrorism or organized crime eventually get used for lesser offenses.

Spyware's track record: Commercial spyware has been repeatedly abused worldwide. NSO Group's Pegasus has been found on the phones of journalists, human rights activists, and political opposition figures across dozens of countries. Giving police access to similar tools raises questions about oversight effectiveness.

Encryption undermining: Any requirement to access encrypted communications either weakens security for everyone or requires installing malware on target devices, both approaches with significant collateral risks.

Mass surveillance potential: IMSI catchers don't just target suspects. They capture data from every phone in range, creating the potential for mass surveillance of innocent people.

Related Legislation

The surveillance bill isn't the only expansion of police powers moving through Ireland's legislative process. The separate Recording Devices Bill, introduced in December 2025, would authorize expanded use of biometric recognition technology, including both live and retrospective facial recognition.

Together, these bills would give Irish law enforcement capabilities comparable to some of the most surveillance intensive democracies in the world.

What Happens Next

Minister O'Callaghan has directed officials to prepare a general scheme for the Communications (Interception and Lawful Access) Bill, which he intends to publish during 2026. The bill will then face scrutiny in the Oireachtas (Irish parliament) before any vote.

The debate will likely intensify as specific provisions become public. How Ireland balances legitimate law enforcement needs against privacy rights will set a precedent for how democracies handle surveillance in the encrypted communication era.

For anyone concerned about digital privacy, the coming months offer a critical window to understand what's proposed and engage in the public discussion before these powers become law.