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GSOC and the Guerin Report: where the Ombudsman is mentioned

Where did GSOC fall down, and what is their response?

ACROSS 300 PAGES, the Guerin Report makes a number of references to the Garda Síochána Ombudsman’s Commission (GSOC).

In a report that highlights such a high level of malpractice, it is reasonable to ask what role the Garda watchdog had and why the oversight was seemingly so lacking.

GSOC, however, argues that the terms of reference for the report, as well as existing legislation, meant that it could not do some of what the report marks as its failures.

Documents

In two sections (1.8 and 18.1) barrister Séan Guerin notes that the report was finished without the input of GSOC.  GSOC argues that they were unable to give the documents over because of the tight timeframe of the report.

GSOC had marshalled a good deal of documentation, and this was available prior to the Guerin report being finalised. GSOC did, upon concluding this job of work and reviewing the body of documentation to be provided, come to the decision that it would be, in our view, proper to request certain safeguards (Mr Guerin refers to these as ‘appropriate safeguards’), prior to releasing documentation, to assure the protection of the rights of people concerned by the cases in question.

Jerry McGrath

In the Jerry McGrath case, Guerin says that complaints made to GSOC were investigated using similar techniques to the gardaí. GSOC says they don’t know if this is a criticism.

We are unsure of whether this is a criticism of GSOC or simply an observation. So we take this opportunity to clarify that GSOC investigations are often conducted using policing powers conveyed by the Garda Síochána Act (2005). In such cases, in accordance with the Act, GSOC has “all the powers, immunities and privileges conferred and all the duties imposed on any member of the Garda Síochána…”. In other words, GSOC is subject to the same rules in conducting investigations as the gardaí, so it should not be surprising that the approach would be “broadly similar”.

“We would also highlight that GSOC has, particularly over the last year, made several recommendations addressing policy and guidance issues to the Garda Síochána. We have included many such recommendations in our Annual Report for 2013, which is currently with the Minister for Justice & Equality.”

Maurice McCabe

The most notable criticism of GSOC comes in section 20.11, when it is said that organisations, including GSOC, didn’t heed the voice of Garda whistleblower Maurice McCabe.

GSOC says that this is a failing of legislation, not organisation.

“The report is critical of some agencies and says that the same appears to be true of GSOC.

We would like to note in this regard that GSOC has met and corresponded with Sergeant McCabe. However, these meetings and correspondence always took place in the context of the fact that GSOC is expressly prohibited by the Garda Síochána Act (2005) from receiving complaints from serving Garda members.

Breaking down the Guerin report: The complaints, the cases, the mistakes>

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13 Comments
    Install the app to use these features.
    Mute postman pat
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    Mar 7th 2016, 10:26 AM

    Any ransomware I’ve ever seen if it corrupts your files they are gone for good pay or not

    67
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    Mute John Galvin
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    Mar 7th 2016, 12:23 PM

    It doesn’t corrupt files. It encrypts them. There have been cases where people/companies do pay the ransom and do get their files unencrypted. However it’s a big risk as there is no guarantee and it just encourages these people to keep doing what they are doing

    35
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    Mute Bunny Johnson
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    Mar 7th 2016, 1:04 PM

    Yes, but easily defeated by taking regular backups. You may loose some data but the majority will be safe and it’s something people should be doing anyway.

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    Mute John Galvin
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    Mar 7th 2016, 1:06 PM

    Yep that is the best defense.

    19
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    Mute Gary Rowe
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    Mar 7th 2016, 1:30 PM

    Backups are only useful if they are made to something that is NOT connected at the time of encryption … otherwise your backup gets encrypted too! :(

    14
    Install the app to use these features.
    Mute Antonov Merinov
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    Mar 7th 2016, 2:48 PM

    Back up your most important data externally.
    It is the safest way and the least troublesome way.

    8
    Install the app to use these features.
    Mute David Cagney
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    Mar 7th 2016, 3:26 PM

    Stick with using a good cloud service which gives centralised file distrbution as well as backup.
    Dropbox for example will not synchronise with an encrypted file due to lack of rights.
    Also, all files can be returned to a previous version if the worst were to happen.

    5
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    Mute Reuben Gray
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    Mar 7th 2016, 4:50 PM

    That’s not true David. Once your local hard drive is encrypted, which includes your dropbox files, they wull be uploaded to dropbox.
    You will then need to download them all from dropbox or any file sync service from a backup.

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    Mute David Cagney
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    Mar 7th 2016, 5:18 PM

    Reuben, Try it. Encrypt a file inside a DB folder and watch the process be refused access. It is a constant problem for me when users place encrypted files they have received from external sources into server based DB folders. The DB process will not upload them because of no rights. We then can never get the status ‘Up to Date’.

    2
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    Mute Alex Lightfoot
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    Mar 7th 2016, 10:43 AM

    Poor Mac users – first they’re douchebags, and now this!?

    45
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    Mute John Payne
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    Mar 7th 2016, 10:58 AM

    No harm to you Alex, but I hope you update your anti-virus software more often that your insults. Douchebag is so last year.
    However, if you are still in your pre-pubescent years and spend your days watching iCarly, then all is forgiven.

    101
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    Mute John Payne
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    Mar 7th 2016, 10:59 AM

    Forgot to mention, sent from my iPhone, so I guess I’m a douchebag, which is sooooo Rad!

    61
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    Mute Neal Ireland Hello
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    Mar 7th 2016, 11:17 AM

    Bit sad seeing grown adults doing the “My gang is better than your gang” stance over a computer.

    63
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    Mute Ciaran OHalloran
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    Mar 7th 2016, 11:28 AM

    VHS will beat Betamax!!

    39
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    Mute Del Haven
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    Mar 7th 2016, 11:37 AM

    Wtf is iCarly

    1
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    Mute FrontRowBrian®
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    Mar 7th 2016, 11:40 AM

    An iPhone is not a Mac, John. You’re confused.

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    Mute Joseph Siddall
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    Mar 7th 2016, 1:07 PM

    FRB, no fooling you, eh? I thought the hatred was for anything Apple, not just Macs….only Windows-based stuff is “proper” computery kit.

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    Mute Alex Lightfoot
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    Mar 7th 2016, 4:01 PM

    Way to spot a joke, guys.

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    Mute Cannijuana Seeds
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    Mar 7th 2016, 10:35 AM

    I wonder if you can restore your computer to an earlier time or if you’re prevented from doing that as well. I doubt you’d be able to do it the regular way, but booting from a recovery disk you might be able to. I better start backing up my files more often either way

    30
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    Mute Dave Manning
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    Mar 7th 2016, 10:50 AM

    Create a single backup and then do incremental backups when you make changes that you want to keep (or schedule em)

    19
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    Mute Type17
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    Mar 7th 2016, 12:17 PM

    Google Apple Machine – it’s on every Mac for a good few years now. If your disc dies or gets encrypted by malware, you can restore everything.

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    Mute Dave Manning
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    Mar 7th 2016, 12:32 PM

    Which operating system are you looking to recover…??

    6
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    Mute Type17
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    Mar 7th 2016, 7:15 PM

    @Fake Avast: Time Machine works locally, to a USB disc on your LAN, or connected directly to your Mac, so no internet need for daily backups. Restoring the whole system involves downloading the system again from Apple, so you would need good internet for a few hours – if the worst happened, you could bring your Mac and backup disc to a mate’s house to reload…

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    Mute СIΔЯΔИ FΔЯЯΞLLY
    Favourite СIΔЯΔИ FΔЯЯΞLLY
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    Mar 7th 2016, 12:21 PM

    As long as you’re regularly running time machine backups, then if the worst happens you can boot and restore from a time machine backup. By default though this shouldn’t affect many Mac users as the “security & privacy” settings in “system preferences” are set to allow only apps from the “Mac AppStore” and not “anywhere”. So unless you’ve changed this setting you should be ok. If you have, then ebb on the side of caution and common sense when being prompted to download software from an untrustworthy source.

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    Mute James Darcy
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    Mar 7th 2016, 11:59 AM

    So in short as long as I don’t install pirate software on my MAC I’m still OK!

    14
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    Mute Eugene Walsh
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    Mar 7th 2016, 1:49 PM

    I think it’s all starting to go pear shaped for Apple. A brutal start to the new year.

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    Mute John R
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    Mar 7th 2016, 4:14 PM

    Yes Eugene, one of the most profitable companies in the world is going to go pear shaped because of what exactly? I don’t think so.

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