Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Question 116: To ask the Minister for Justice, Equality and Law Reform if it is intended to implement the recent EU data retention legislation; the main features of what is proposed; if it will be carried out by primary legislation or by regulations; the consultations there have been or will be with interested groups and the Office of the Data Protection Commissioner; and if he will make a statement on the matter. [8966/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

Directive 2006/24/EC of the European Parliament and of the Council on the retention of data was due to be transposed by 15 September 2007. Under Article 249 of the Treaty establishing the European Community (TEC), Member States of the European Union as well as members of the European Economic Area (EEA) are bound to transpose such Directives. Failure to do so could result in the Commission bringing Ireland before the Court of Justice. The Irish challenge to the Directive to the European Court of Justice, which is grounded on the proper legal base for the instrument, does not excuse us from transposing the Directive. The Directive will ensure a high level of harmonisation of the laws governing the retention of data in the countries of the EU and EEA, which is essential in the fight against international organised crime, including terrorist crime.

Consultations have taken place with interest groups and further consultations are planned. I am at present finalising my proposals for implementing the Directive. These includes the periods of retention for the categories of data to be retained and the method of transposition, the two areas where we have some flexibility. The usual method of transposition for this class of Directive is by means of a Statutory Instrument.

I am aware of the views of the Data Protection Commissioner on the requirement to retain data and officials from my Department will be in touch with him again to discuss my proposals when they are finalised.