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 Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I have three more questions but I will ask them together.

I want to better understand point 5 regarding the specific preclusion of data. In terms of why content should be precluded, provided that the threshold of strict necessity is met, would it not be the case that data should be considered and shared?

In terms of the overall legislation and the heads of the Bill, if it is formulated in the manner currently outlined and there are no changes to its general principles, could it be struck down as being contrary to EU law as laid down in Tele2? Is it so far out of line that it could be struck down yet again?

I am partially playing devil's advocate on this point but under the requirements of Tele2 that the person whose information is demanded must in some way be implicated in the crime before access to their data may be granted, which is point 4 in the presentation, is there a danger that the Garda or another body might be tempted to deem somebody a suspect although he or she is not such, with the intent to access information in pursuit of an investigation?

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