Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The legislative basis to what we are discussing in the context of the data retention directive is the Communications (Retention of Data) Act 2011. It provides for access to relevant data by An Garda Síochána, the Defence Forces and the Revenue Commissioners. Both the directive and the Irish legislation provide for retention periods - the maximum amounts of time for which the data can be retained before it must be destroyed.

From a domestic perspective, it is clear that the High Court will take account of the judgment in its deliberations on the digital rights case. I have said already that the implications of the judgment for the 2011 Act are currently being examined by the Office of the Attorney General and the Department of Justice and Equality. The judgment effectively means that Ireland is no longer required to have data retention legislation, but there is nothing to prevent national legislation providing for it. The legal advice I have at this point is that the Act still stands in the absence of any High Court ruling to the contrary.

Clearly, the question the Deputy raises concerns a security matter. The Deputy is correct that it is critical that there be a balance between respecting privacy and pursuing security considerations in the State.

That is really as much as I feel I can say about that. Clearly, when this type of initiative is used, it is in the interests of the security of the State.