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. Dan Kelleher:

I am not clear on the specific section as to whether it is mandatory. I can certainly check that. In substance, we have analysed the impact of the legislation on individuals. The clearest impact is on privacy. The Court of Justice judgments, which I am sure the Deputy has seen, deal at length with privacy rights and the impact thereof, which are grounded in the Charter of Fundamental Rights. The privacy rights prescribed in Court of Justice rulings are incorporated into the Bill. Were one to have done a data protection impact assessment, one would probably have concluded that the legislation requires objective verification of requests for information. That is provided for in the Bill.

The Deputy's third question was whether, in my view, there should be a sunset clause in the legislation. My opinions are not as important as those of the Minister and Government but I can undertake to bring that back to my hierarchy. I do not think it is feasible for me to offer a view on that but I fully understand the point the Deputy is making.

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