Mary Upton (Dublin South Central, Labour)
Link to this: Individually | In context

Question 182: To ask the Minister for Justice, Equality and Law Reform the legislation regarding data retention; if it is intended to extend data retention to Internet communications; his views on the infringement of a person's privacy by this movement; and if he will make a statement on the matter. [5919/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The legislation governing the retention of telephony data is at present at Part 7 of the Criminal Justice ( Terrorist Offences) Act 2005. The Communications (Retention of Data) Bill 2009, at present before this House, in transposing Directive 2006/24/EC of the European Parliament and of the Council into Irish law, will extend the obligation to retain data to internet data. The data can only be requested by the law enforcement authorities for the prevention, detection, investigation or prosecution of serious offences, the safeguarding of the security of the State and the saving of human life. The retention period for internet data will be 12 months and the data to be retained will only be concerned with the who, when and where of a communication. The content of a communication will not be retained and cannot be requested.

The question of privacy is addressed at paragraph (9) of the recitals to the Directive. It states that under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), everyone has the right to respect for his or her private life and his or her correspondence. Public authorities may interfere with the exercise of that right only in accordance with the law and where necessary in a democratic society, inter alia, in the interests of national security or public safety, for the prevention of disorder or crime, or for the protection of the rights and freedoms of others. The paragraph also states that because retention of data has proved to be such a necessary and effective investigative tool for law enforcement in several Member States, and in particular concerning serious matters such as organised crime and terrorism, it is necessary to ensure that retained data is made available to law enforcement authorities for a certain period, subject to the conditions provided for in the Directive. It concludes that the adoption of an instrument on data retention that complies with the requirements of Article 8 of the ECHR is therefore a necessary measure.

The Bill now before the House fully complies with the provisions of the Directive and, accordingly, I am satisfied that it is a proportionate response to the balance to be achieved between persons' privacy and the needs of law enforcement authorities in tackling serious crime and safeguarding the security of the State.