Judicial Oversight of Surveillance: The Case of Ireland in Comparative Perspective

This chapter examines how judicial oversight can regulate secret state surveillance, with a particular focus on Irish, European Convention on Human Rights (ECHR) and European Union (EU) law. It begins by considering the general arguments for judicial oversight and the types of oversight structures which can be used. It then examines the extent to which Irish, ECHR and EU law require judicial oversight in particular circumstances. Next, it takes as a case study the Irish experience of data retention. It concludes with suggestions for improving the effectiveness of judicial involvement in surveillance.