Oireachtas Joint and Select Committees
Thursday, 30 June 2022
Joint Oireachtas Committee on Justice, Defence and Equality
General Scheme of the Communications (Retention of Data) (Amendment) Bill 2022: Discussion
Mr. Justin Kelly:
One point that it is important to understand is that telephone analysis would be one element in any of these major criminal investigations. As Deputy Kenny correctly points out, there could also be something like CCTV. He is correct that if national security is at stake, we can look backwards and retrieve the data, but our understanding following the European ruling is that we cannot go backwards to retrieve telephone data for serious crime. I do not want to discuss the particular case the Deputy mentions, but he is correct that, in general for a homicide case, we could not go backwards and retrieve the data unless there was a national security element to it. As I said in my opening remarks, that would be a difficulty for us but phone analysis would be one element of a major investigation and we would obviously have all the other elements open to us. It would very much depend on the individual case and how important an element the telephone analysis is. I hope that is useful.
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