Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

I move amendment No. 17:

In page 28, between lines 13 and 14, to insert the following:

"38.(1) No application to access personal data processed for journalistic purposes may be made by any party, including, for the avoidance of doubt, an authorised officer, An Garda Síochána, the Garda Síochána Ombudsman Commissioner, the Revenue Commissioners or the Defence Forces, except by way of application to the High Court on notice to the data processor.

(2) In determining whether to allow access to personal data processed for journalistic purposes, the High Court shall have regard to the right of freedom expression and information.

(3) The High Court may permit access to personal data processed for journalistic purposes, including for the purpose of identifying confidential sources of information, only where the data processor in question is under investigation for suspected commission of a serious criminal offence or for unlawful activity which poses a serious threat to the security of the State.(4) (a) In exceptional cases, where the security of the State is under immediate threat or where it is suspected that a serious criminal offence is likely to be committed in the immediate future, an application may be made ex parteto the High Court for access to data processed for journalistic purposes.

(b) Where an order is made under subsection (4)(a), the data processor shall be notified of the making of the order and afforded the opportunity of making representations to the High Court as soon as practicable thereafter.".