Helen McEntee (Meath East, Fine Gael) | Oireachtas source

As the Deputy will be aware, the Court of Justice of the European Union struck down the EU data retention directive in 2014 on the basis that it constituted a disproportionate interference with the rights to privacy and data protection enshrined in the Charter of Fundamental Rights. Since that time, the court has continued to deal with a range of cases referred to it in what is a complex and continually evolving area of law.

The implication of the judgments of the court with regard to data retention regimes presents significant challenges not just for Ireland, but also for other EU member states that are grappling with the implications for law enforcement services in the investigation of crime. Ireland is fully engaged in that work. Conscious of the role played by telecommunications data in the investigation of serious crime and in safeguarding national security, a large number of member states, as well as the European Commission, have intervened in European court cases which were challenging national data retention regimes.

Although criminal investigations are multifaceted and involve many avenues of inquiry and investigation, access to telecommunications data has become ever more important for all authorities responsible for the detection, investigation and prosecution of crime and for safeguarding the security of the State. Ireland has intervened robustly before the European Court of Justice to highlight the potential implications of the court judgments and to defend the need for such information to be made available to law enforcement through appropriate national data retention regimes. However, it is important to note that Garda authorities continue to investigate all forms of serious crime, utilising the available legislative powers.

It is intended that a revised general scheme of the communications (data retention and disclosure) Bill, drafting of which is well advanced, will replace the Communications (Retention of Data) Act 2011, taking account of the 2014 ECJ ruling, as well as more recent rulings. Our intention will be to provide the most effective crime prevention and investigative regime possible, having regard to the changing legal environment. The judgment of the Supreme Court, following its referral to the ECJ, which is expected early in 2021 will be examined carefully by officials in my Department in conjunction with the Office of the Attorney General.

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