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:

Mr. Sunderland has encapsulated the recent review quite well so I will not go back over that. On obtaining national security data, as we have seen, that has to go before an authorising judge, so there are obviously strong safeguards in respect of that. The Deputy raised the issue of obtaining data relating to national security where there is a case of urgency. There are also significant safeguards relating to that. A data request has to come from a superior officer who is a member at superintendent level or above and there are quite a narrow set of terms. There has to an imminent threat to State security or a threat to destroy data. In addition, when that is invoked, that superior officer must make a report on it to an officer of An Garda Síochána who is not below the rank of assistant commissioner. That superior officer must also make a report to the authorising judge. As we have seen, if that authorising judge has concerns, there is a separate process that was referred to involving a referee who can conduct an investigation if he or she is not satisfied that the procedures were adhered to properly. In my opinion, strong safeguards are in place. I hope that brings some comfort to the Deputy.

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