Oireachtas Joint and Select Committees

Wednesday, 15 November 2017

Joint Oireachtas Committee on Justice, Defence and Equality

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

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I thank the witnesses for coming in. This Bill was well decimated by Digital Rights Ireland last week, which has teed us up nicely on the details, so I will look at the issues more broadly here. The ICCL recommendations are very clear, they very much follow on from what we discussed last week and can be built on so I will not repeat them.

Deputy O'Callaghan referred to heads 8 and 9, which I had planned to raise. I understand what the witnesses say and the quote from Tele2 on access being granted in regard to fighting crime only, to the data of individuals suspected of planning, committing and having committed a serious crime.

The Tele2 judgment ended with "or of being implicated in one way or another in such a crime", which broadens the scope. However, Ms Farries said heads 8 and 9 would not implement the limitation strictly enough. They allowed for a broader approach by permitting data likely to assist in prevention and detection, thus taking the end part of the quote too far. I have not probably explained my point very well.

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