When Graham Dwyer was convicted of murder in 2015 it was a triumph for Ireland’s police and judicial system. Phone data helped clinch murder conviction for Graham Dwyer in 2015.
Five years later, however, the conviction risks unravelling over the use of phone data – a twist that could see Dwyer walk free, and also have an impact on data privacy rules across Europe. Dwyer has now appealed on the grounds the retention and accessing of his mobile phone data breached EU law.
Court of Justice of European Union (CJEU) has ruled in recent cases involving Belgium, France and the UK that governments and service providers do not have broad rights to retain data on citizens, and legal experts expect the Dwyer decision to follow that pattern.