A NEW law to protect against invasion of privacy and surreptitious surveillance or bugging has been recommended by the Law Reform Commission.
The LRC report on privacy, published today, declares that privacy is a human right and that the State should legislate to protect the privacy of the individual.
It also declares that journalists should be subject to the same laws but that, in cases where journalists are exposing criminals or some threat to public health or safety, there would be a legal defence against accusations of unlawful intrusion.
The LRC also recommends the tightening of safeguards on State-sponsored surveillance by gardai or Army. Control of surveillance or telephone interception warrants should be done by an officer of superintendent rank or higher.
The report, Privacy, Surveilance and the Interception of Communications, also recommends that there should be notices in places which are under surveillance by closed-circuit television including areas where gardai have mounted surveillance cameras.
The report shows how modern technology has allowed greater intrusion on personal privacy.
It cites the case of the interception of conversations by the Taoiseach, Mr Bruton, while he was in Opposition, in north Dublin four years ago.
This interception, the report points out, was done by a private citizen working from his own home using a scanner to which a home-made aerial of brass welding rods had been attached and which was connected to a cassette tape recorder". The scanner was readily available in electronics shops for £450.
The proposed civil law on privacy concerning journalists would make it an offence to enter private property without the consent of the lawful occupant with intent to obtain personal information with a view to publication".
It would also be an offence to place a surveillance device on private property and to take photographs or record an individual on private property without consent.
The defence recommended would be if the intrusion was "for the purpose of preventing, detecting or exposing the commission of any crime".
The LRC says the Government should also use existing laws to ensure that all postal and telecommunications carriers offering their services to the public are brought within the law. This is necessary, the commission says, because of the rapid advances in new forms of communication and the deregulation in the postal and communications systems.
The LRC is seeking submissions from the media on its recommendations. It also suggests that the Independent Radio and Television Commission give thought to a code of practice for independent broadcasters in respect of privacy.
It suggests that the National Union of Journalists should consider formulating more detailed provisions on privacy. Individual newspapers should also consider "issuing explicit editorial instructions to staff in respect of privacy".
The report recommendations suggest that in certain circumstances editors and proprietors of newspapers could face prosecution under the proposed law.