Dara Calleary (Mayo, Fianna Fail)
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Question 391: To ask the Minister for Justice and Equality if, in view of revelations of phone tapping and computer hacking in the United Kingdom, he has discussed the possibility of similar such occurrences in this jurisdiction with the Garda Commissioner; if not, when he plans to do so; and if he has satisfied himself that the law in this jurisdiction is clear in this area. [20833/11]

Michael Healy-Rae (Kerry South, Independent)
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Question 394: To ask the Minister for Justice and Equality if he will give an assurance to the public that the practices that occurred in England regarding the hacking of phones is not happening here; if he will assure the public that the alert system for the emergency services and the Garda is free from any type of interference or hacking; and if he will make a statement on the matter. [20884/11]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 391 and 394 together.

The interception of telecommunications messages is prohibited by the Postal and Telecommunications Service Act 1983, as amended, and the Criminal Damage Act 1991 provides for the offence of unauthorised accessing of data.

I am informed by the Garda authorities that they are not aware of any reports of unauthorised access to voice-mails having been made in this jurisdiction.

Tetra, the digital radio service for An Garda Síochána, emergency services and some non-commercial public bodies, offers protection against eavesdropping and interception through advanced digital encryption mechanisms. Consequently the Garda authorities are confident that the radio traffic is secure, and unauthorised access is prevented.

The European Communities (Electronic Communications Network and Services) (Privacy of Electronic Communications) Regulations 2011, made by my colleague, the Minister for Communications, Energy and Natural Resources, on 1 July, impose obligations on a provider of a publicly available electronic communications network or service to take appropriate measures to safeguard the security of its service and to inform subscribers where there is a particular risk of a breach of security. Where there has been a personal data breach, the Regulations impose an obligation on the undertaking to inform the Data Protection Commissioner of the breach and where the breach is likely to adversely affect the personal data or privacy of a subscriber or individual, notify the subscriber or individual concerned of the breach.