Michael McGrath (Cork South Central, Fianna Fail)
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Question 365: To ask the Minister for Justice and Equality further to Parliamentary Question No. 477 of 3 May 2011, when the information requested will issue. [17297/11]

Alan Shatter (Dublin South, Fine Gael)
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I refer to my earlier reply to Parliamentary Question No. 477 of 3 May 2011 and I regret the delay in replying.

I have since been advised by the Garda Authorities that where a decision is taken by the Director of Public Prosecutions not to prosecute a particular case, the investigation file remains open and all of the evidence gathered during the course of the investigation is retained. The statute of limitations does not apply to criminal cases and there is no specified time period for the retention or destruction of crime investigation files.

Having said that, however, the Garda Síochána is a scheduled body within the meaning of section 1 of the National Archives Act 1986 and is, therefore, legally obliged to retain and preserve 'Departmental Records' made in the course of its business, including crime investigation files, in accordance with the provisions of that Act. As against that, the Garda Síochána, as a Data Controller pursuant to the Data Protection Acts 1988 and 2003, has a responsibility to ensure that personal data is retained for no longer than is necessary for the purpose or purposes for which it was obtained. To meet these, in some respects counter-balancing obligations, the Garda Síochána is required to be clear about the reason why information is being retained and the length of time the data is to be kept. This requires the Garda Síochána to ensure that files are regularly reviewed so that personal data is not retained any longer than is necessary.