An opinion issued by a senior adviser to the European Union’s top court could have far-reaching consequences for criminal investigations going forward after he said that data-retention practices used by Irish police in a high-profile murder case contravened EU law.
In 2015, Graham Dwyer was convicted of the murder of childcare worker Elaine O'Hara three years previously, with the data gathered by authorities from mobile phones being key to the guilty verdict.
The case came to the European Court of Justice following an appeal by Dwyer who argued that Ireland’s data retention law was contrary to the bloc’s legislation on the matter.
Manuel Campos Sánchez-Bordona - one of the ECJ’s 11 Advocate Generals who advise the top courts’ judges - argued
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