Brian Hayes (Dublin South West, Fine Gael)
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Question 428: To ask the Minister for Justice, Equality and Law Reform the number of times the Government's data retention file, where there is storage for three years of all the data relating to every mobile, land line and fax calls, were examined throughout 2007; the bodies that can examine this information; and if he will make a statement on the matter. [7704/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Neither the Government nor any State agency maintains a 'data retention file' concerning the use made of any telecommunications device by any person.

Pursuant to Part 7 of the Criminal Justice (Terrorist Offences) Act 2005, telephony data are required to be retained for a period of three years. In all such cases, however, the data are retained by the telecommunications service providers themselves and not by any State agency. Any data so retained may only be accessed in accordance with the conditions set out in Section 64(1)(a)-(e) of the 2005 Act.

In this regard, the Garda Síochána and the Permanent Defence Force may request access to specific retained data only for the purposes of the prevention, detection, investigation or prosecution of crime and/or for the safeguarding of the security of the State. It would not be in the public interest to reveal the number of such requests, if any, made by either organisation.

The 2005 Act provides for a number of robust safeguards in relation to the accessing of retained data. In this regard, Part 7 of the 2005 Act extends the duties of the Designated Judge under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 to the data retention provisions of this Part. In particular, the Designated Judge shall, inter alia, keep the operation of the provisions of Part 7 under review and ascertain whether the Garda Síochána and the Permanent Defence Force are complying with its provisions.

Moreover, Part 7 of the 2005 Act also extends the duties of the Complaints Referee under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 to the data retention provisions of this Part. In particular, the Complaints Referee shall investigate, on foot of a complaint alleging improper access, whether, inter alia, any provision of Section 64 was contravened in relation to any such access request.