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

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

Yes, that is the real issue I have with it in respect of a serious situation like that.

What would happen if we had a situation where the Garda did have access to a piece of data and in examining it another crime came to light, which had not been the subject of the judicial application to examine the data? Could the information be used, or would the Garda be prohibited from using it? For instance, if there was an issue of national security, and a phone or other device was examined and something unrelated such as child pornography came up, would the Garda be inhibited from using the information because it would be in the realm of criminal activity and the judicial go-ahead had not been secured in respect of it?

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