Experts question legality of ESB smart meters that could let State ‘spy on us’

Around 250,000 homes have had their electricity meters replaced with smart meters and 2.4 million homes will have them by 2024

Caroline O'Doherty

March 29 2021 02:30 AM

The Data Protection Commissioner (DPC) has asked the ESB to address concerns over the gathering of information by electricity smart meters.

Legal experts have complained there is no legal basis for the collection, storage or use of the data.

They say it could be used by gardaí or revenue and welfare inspectors to monitor people’s movements and activities.

Around 250,000 homes have had their electricity meters replaced with smart meters and 2.4 million homes will have them by 2024.

Concerns, raised by Digital Rights Ireland (DRI) and others, centre on the legality of switching from meters that provided electricity usage data a few times a year to replacements that log usage every half hour.

The new meters automatically transmit data once a day to electricity suppliers but will also transmit the half-hourly data if a customer signs up to a new smart-meter tariff.

DRI says the increase in data harvesting can be legal only if customer consent is given, or if specific legislation covers the practice.

No new legislation was written for smart meters and DRI argues customers have not been explicitly told the extent of the data collection or given the option to refuse it.

The DPC said, overall, it believed data protection considerations were being properly addressed but added: “Our assessment in this regard is ongoing.”

It said it had written to the ESB stressing the need for transparency in the roll-out.

It added the issues raised by legal observers had been passed on to the ESB and the Commission for the Regulation of Utilities (CRU) and their responses were awaited.

The ESB, however, told the Irish Independent: “ESB Networks is satisfied that it has a lawful basis for processing personal data in connection with the roll-out of smart meters, and that appropriate technical and organisational measures are in place to ensure that such personal data is adequately protected.”

The CRU, which requires the ESB to install smart meters as part of its operating licence, said it had engaged with the DPC and had independent data protection and cyber security assessments as part of the roll-out.

Solicitor Fred Logue said he shared DRI’s concerns. “Some very detailed information about people’s lives is being gathered,” he said.

“The ESB can tell if somebody is at home or not on a particular day. Without adequate protections, you can imagine a scenario where social welfare check on people going on holiday or, during lockdown, authorities wanting to know why were you not at home. It’s also inevitable that the police would start dipping into it.”

Dr Eoin O’Dell, a privacy law expert from Trinity College, said:

“The legislative basis is shaky. That doesn’t mean to say it falls over – that would be a matter for a court – but it could have been bolstered simply by getting an appropriate legislative amendment and it’s mystifying to me that this didn’t happen,” he said.

“That’s the legal concern. The social concern kicks in when you have the potential for nefarious state surveillance. Was there a party in my house last Saturday night? Well, there was a spike in electricity use relative to every previous Saturdays and there was a drop in electricity use in all my family members’ houses, so draw your own conclusions.”