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

I understand the concerns in the amendment. We have to be very sensitive to anything relating to data that journalists have collected. The Murray report published in 2017 made a number of recommendations on data retention issues specifically relating to journalists. There are two elements. One of these is what is being maintained from what was in the principal Act. The intention is to bring forward a general scheme later this year in which we will look at outstanding issues, including some of the issues relating to journalistic data set out in the Murray report. This will include consideration of whether the term "journalist" would need to be defined. As has been pointed out, the scope of people who would claim to be engaging in journalism, particularly online, would be much broader than previously. It is something we would need to look at.

The proposed section 7E(1) states data belonging to a journalist would not be covered by the power to seek disclosure of Schedule 2 data, Internet source data or cell site location data on an urgency basis. It would also be excluded from the application of the temporary preservation order and the temporary protection order. However, they would apply where there is an overriding public interest grounds. There must be necessity. There has to be a proportionality test. There are safeguards whereby we must have judicial authorisation for disclosure except for where it is user data. This goes back to the fact that it is not seen as being serious. This is very much where it is in the public interest. There has to be proportionality. There has to be necessity. It has to go through judicial authorisation. More generally the grounds will apply with regard to Schedule 2 data or data that would look at someone's source data or cell site location data on an urgent basis. This is something we will need to come back to in the general scheme, acknowledging there is a little bit more work to be done. It is very sensitive. We are responding to the court ruling. It is an emergency Bill. We look forward to working with the Senator and getting into more detail when we work through the general Bill.