There’s an alarm sounding over the usage of electronic trackers like Apple AirTags by stalkers or perpetrators of domestic violence to observe their victims’ patterns of movement – a circumstance that might potentially slip through the cracks of the newly rolled-out coercive control laws. British legislators, in particular, have pointed to a stark 317% increase in such practices over the previous five years. Lynn Boylan, a senator from Sinn Féin, has voiced concerns that Ireland might exhibit similar statistics.
Senator Boylan, who recently applauded the introduction of anti-stalking laws, is anxious about whether such legislation adequately covers the use of devices like Apple AirTags. Her attention was drawn to the issue by Irish actor and producer Áine O’Neill, who has instigated a class lawsuit against Apple in the US. O’Neill discovered she was being tracked by an AirTag one evening in Las Vegas when she received a notification on her phone. She located the tracking device intentionally hidden in her car, and despite two attempts by mechanics, it couldn’t be detached without significant dismantling of the vehicle. Apple informed her that they could only deactivate the tracker if she physically possessed it.
Boylan has challenged whether a similar occurrence could transpire in Ireland, alluding to the substantial surge in the usage of AirTags in coercive control and stalking incidents in Britain. She highlighted that Android phone users wouldn’t receive an AirTag alert unless they installed a specific app. If someone clandestinely placed an AirTag in an individual’s personal belongings or automobile, it couldn’t be deactivated without direct physical contact with the tracking device.
Boylan urged the Irish government for clarity on their approach towards the regulation of these devices and whether there was a plan to raise public awareness.
She asked for reassurance that the matter is under consideration by the Department of Justice and that appropriate legislative measures are in place.
Sean Fleming, the Minister of State, declared that regulations possibly extend to the use of electronic tracking devices such as AirTags in stalking situations. He explained how governmental strategies have enhanced the legal structures around coercive control, expanding their remit to include any behaviour that significantly invades an individual’s peace or privacy and induces fear, distress, or harm.
Mr Fleming, acting as a spokesperson for the Justice Minister Helen McEntee, pledged that the Minister intends to discuss the matter with the Minister for Communications, Eamon Ryan, with a focus on initiating discussions with tech firms to guarantee the inclusion of necessary protective features within these devices.
He further highlighted that there would be an investigation into what further steps, if any, need to be taken in this area. According to him, this might involve considering whether technical solutions, a mutual consensus or legislative modification is needed to assure all tech companies get involved in this concern and can proactively prevent their technology from being exploited in harmful ways.