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 beg the Deputy’s pardon. That does indeed refer to a crime and not a serious crime. The reason for this difference is that the Court of Justice of the European Union has indicated that there does not have to be a serious crime involved for there to be access to this type of subscriber data. It will be called user data in the eventual Bill, but it is substantially similar. Therefore, it can be any type of criminal offence. Regarding traffic and location data, a serious offence will have to be involved, the definition of which is unchanged. Therefore, the Deputy’s reading of this is correct. An officer not below the rank of inspector will be able to seek access to user data in respect of a criminal offence and not a serious criminal offence and such access does not require judicial authorisation, based on our understanding of the court's rulings.
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