Olga Cronin Monday 27 April — Last week the Independent Examiner of Security Legislation Judge George Birmingham published his first annual report. In it, he looked at three pieces of security legislation and made recommendations in respect of each: - Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993; - Criminal Justice (Surveillance) Act 2009; and - Communications (Retention of Data) Act 2011. Although many of his recommendations are to be welcomed, we are very concerned about Judge Birmingham’s position on encryption in particular. On encryption, he concedes that “very many people in many different walks of life on a daily basis use encryption and are encouraged to do so. It has brought significant additional security to financial transactions and communications.” This is correct. Journalists use encryption to protect their sources and patients use it to communicate with their doctors. Undoubtedly, our own politicians, their staff, garda, and intelligence officers themselves use encrypted messaging services because of its security. Encryption protects and secures the processing of our data when we are online banking, online shopping, accessing health data and carrying out our employment. In essence, it is essential for our collective cybersecurity. But Judge Birmingham recommends that legislation be passed to provide “for lawful access to all communications, including encrypted communications, incorporating appropriate safeguards”. ICCL understands that encryption presents a challenge for law enforcement but this position misunderstands the issue and what’s at stake. Creating “appropriate safeguards” won’t solve the fundamental problem - any piercing of encryption on the supposed basis of creating pathways solely for An Garda Síochána introduces vulnerabilities that would be exploited by others, ultimately undermining the security and privacy of everyone. As we’ve previously said, the issue at stake here is not a simple trade-off between individual freedoms, such as privacy and expression, and State