Róisín Shortall (Dublin North West, Labour)
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Question 60: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to recent comments from the Data Protection Commissioner expressing concern at powers available to gardaí which gives them access to private telephone records and his suggestion that legislation should be tightened up in order that access to records is made available only during the investigation of serious crime; his views on these comments; and if he will make a statement on the matter. [15670/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In his annual report for 2005, the Data Protection Commissioner states that the transposition of Directive 2006/24/EC on telecommunications traffic data into Irish law will offer an opportunity to review the provisions of Part 7 of the Criminal Justice (Terrorist Offences) Act 2005, which provides for the existing statutory framework for the retention of and access to telecommunications data in this jurisdiction.

The Data Protection Commissioner goes on to state that, from a data protection perspective, it would be helpful if the revised Irish legislation limited the right of Garda access to cases of serious crime and if the safeguards against potential abuse of such access rights were strengthened.

I consider that the 2005 Act already provides for a number of sufficiently robust safeguards in the accessing of retained data, including an independent complaints procedure for persons who feel that their personal data have been accessed in contravention of the law and a regular, independent review of the operation of the relevant provisions of the Act.

Furthermore, I am of the view that Garda access to retained data in certain circumstances is an essential element to effectively tackling crime. Accordingly, I would not favour any restriction being placed on the types of offence for which telecommunications data may be accessed. In this regard, unlike the Data Protection Commissioner, I cannot confine myself solely to a data protection perspective but must consider the broader issues of public safety.

With specific regard to the aforementioned directive, I am considering bringing a legal challenge before the European Court of Justice to its final text, because I fundamentally disagree with the EU's legal base on which it is set and believe that it is in breach of the EU treaties.