Mick Wallace (Wexford, Independent) | Oireachtas source

The witness referred to the EU directive and how the EU recommended that the data be stored in the EU. The Murray report recommends that persons whose rights have been affected by wrongful access to retained data should have an appropriate judicial remedy, which is a principle supported by EU legislation and the European Court of Human Rights. I understand that the general scheme does not provide for such a judicial remedy and instead proposes a complaint procedure using the referee mechanism of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. Why has the Department taken that position?