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Appropriate legislation for internet disclosure?

theAwakening · 2011-08-19 00:18:50

Any suggestions as to what irish legislation, if any, would authorise the disclosure of a suspect's user account details from online networks such as facebook, bebo or hotmail, as part of a criminal investigation, in circumstances were you are aware of their username, but seek to ascertain full account details, such as…

19-08-2011 12:18am

#1

theAwakening

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Any suggestions as to what irish legislation, if any, would authorise the disclosure of a suspect's user account details from online networks such as facebook, bebo or hotmail, as part of a criminal investigation, in circumstances were you are aware of their username, but seek to ascertain full account details, such as name, d.o.b., location, i.p. addresses etc. ?

in these scenarios the seizure of a suspect's hard drive alone during the course of a warranted search may not reveal any probative evidence, as the user account details sought, e.g. in an effort to link a suspect to an inculpatory message sent on facebook, admitting to a murder, would be databased remotely with facebook.

has anybody prosecuted / defended cases where evidence of this nature was adduced?

does the data protection act, 1988, have any relevance here?

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#2 19-08-2011 12:57am

Victor

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Under the DPA, the Garda (or Defence Forces, but not relevant in this case) can seek a court order for Facebook (or whoever) to reveal what information they have on the account. That can be back-traced through details on the account and the IP can normally be linked back to a specific person.

The court orders are given frequently enough. I don't know how many convictions have resulted though.

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#3 19-08-2011 12:21pm

aacs

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Court orders can be obtained to get the details of the suspect from online websites like Facebook. But I believe only serious crimes committed through online mediums are taken care of.

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#4 19-08-2011 12:30pm

tricky D

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Section 8 disclosure/discovery order/request. Have a look at this thread.

http://www.boards.ie/vbulletin/showthread.php?t=2056264983

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#5 19-08-2011 2:59pm

theAwakening

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Victor wrote: »

Under the DPA, the Garda (or Defence Forces, but not relevant in this case) can seek a court order for Facebook (or whoever) to reveal what information they have on the account. That can be back-traced through details on the account and the IP can normally be linked back to a specific person.

The court orders are given frequently enough. I don't know how many convictions have resulted though.

It appears that an order for disclosure of data pursuant to sect. 8 is authorised by a garda chief superintendent, and not by a court. there's no mention of applications to a district/circuit court judge for this order, am I right?

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