Apple sought a meeting with the Department of Justice after comments by Minister Jim O’Callaghan on data privacy and security caused “alarm” among “the most senior leadership” of the tech giant.
Minutes of the meeting, seen by The Irish Times, confirm representatives from Apple met department officials last September.
Apple requested the appointment on foot of a speech made by O’Callaghan at an event held by the Institute of International and European Affairs in July. The Minister discussed what powers An Garda Síochána and other agencies had to intercept people’s communications.
Existing legislation in this area is over 30 years old and the Government is seeking to update it. The Minister for Justice said he had directed his officials to prepare a general scheme for the Bill, which he plans to publish this year.
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Apple officials were “keen to meet in advance of public consultation on the issues”, records, released via a Freedom of Information request, show.
“Apple indicated that the stable policy, legislative, and regulatory environment is a big attraction for doing business in Ireland. Apple noted that the Minister’s recent speech, while noting the careful language, did cause some ‘alarm’, extending to the most senior leadership of the company.”
In his speech, O’Callaghan said there was “a need to grapple with the question of what data we will permit gardaí to access and what systems, protections and oversights should be in place”.
“None of us would like to imagine living in a surveillance state ... but neither, I think, would we like to imagine people who have taken, or plan to take, the lives of others continuing to walk free with impunity, as a result of an inability on the part of gardaí to effectively investigate their crimes.”
In the meeting on September 1st, Apple “highlighted that data privacy and security are core values for the company”. Representatives said Apple “does not focus on collecting data to monetise it later” and “has a history of advocating for the privacy and security of user data”.
As an example, the tech company informed department officials it refused to comply with US government requests to access a phone following a terrorist attack in San Bernardino, California, in December 2015.
In February 2016, Apple defended its refusal to unlock an iPhone used by one of the two attackers. The company said it co-operated with the FBI at the time, but would not comply with the order as it could have “implications far beyond the legal case at hand” and expose customers to “sophisticated hackers and cyber criminals”.
Ultimately, US authorities were able to gain access to the device independently.
At the meeting last September, the department discussed plans to “update interception and data-access legislation which is now very dated and noted that the Minister’s speech recognised the competing rights and the need to strike the right balance between those rights – victims’ privacy and cyber security”.
In January, O’Callaghan confirmed the Communications (Interception and Lawful Access) Bill will replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
A spokeswoman for the department said the meeting with Apple formed part of a wider engagement with stakeholders.
“This legislation is needed to ensure that the law in this area is up to date and can yield intelligence that is vital for dealing with serious criminality and threats to the security of the State,” a statement noted.
“The Minister has made clear his intention that lawful access provisions must be balanced and designed with full respect for cyber security, data protection and privacy and that he will consult widely with stakeholders, during drafting, including with regard to the necessary and enhanced legal safeguards that govern the use of lawful interception powers.”
The spokeswoman said this consultation will include relevant departments and agencies, service providers and the wider public.
“Officials will also continue to evaluate the policies, legal and operational arrangements in place for lawful interception in other EU jurisdictions and in other countries.
“The meeting with Apple forms part of that engagement with industry. Officials will continue that engagement as the legislation develops.”
Apple has been contacted for comment.
