Oireachtas Joint and Select Committees

Wednesday, 8 November 2017

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Communications (Retention of Data) Bill 2017: Discussion

9:00 am

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

The Tele2 judgment requires that "the national legislation must be based on objective evidence which makes it possible to identify a public whose data is likely to reveal a link, a least an indirect one, with serious criminal offences, and to contribute in one way or another to fighting serious crime or preventing a serious risk to public security". It does not appear that this requirement is laid out in the general scheme. Again, it seems that the threshold or requirement is more vague and is not specifically defined within the general scheme. Has Ms Moore tried to match this against that judgment or from what has she tried to set the threshold?

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