Catherine Murphy (Kildare North, Independent)
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401. To ask the Minister for Justice and Equality if the Garda National Surveillance Unit engages in the interception of live electronic communications and stored electronic communication records here or elsewhere; if so, if he will list the number of times in each of the past five years that such interceptions have been carried out; if he will indicate the relevant statutory basis for this activity; and if he will make a statement on the matter. [29405/13]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will appreciate that it is not the practice and would be contrary to public interest to disclose details of requests or authorisations to intercept including their number.

However, I can assure the Deputy that there is a comprehensive legislative regime in place to deal with such matters in this jurisdiction.

With regard to interceptions, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 provides for the interception of postal and telecommunications messages. Under Section 2 of the Act, Ministerial authorisation may be given for interceptions solely in the interests of the security of the State or for the purpose of criminal investigation.

The 2011 Communications (Retention of Data) Act provides for access to traffic data, location data and subscriber data. An application for such data may be made by a member of An Garda Síochána not below the rank of Chief Superintendent to a service provider where the data concerned is required in the context of the prevention, investigation, detection or prosecution of a serious offence, the security of the State or the saving of human life. The content of calls, texts etc are not disclosed under this Act.

Both statutory schemes are subject to judicial oversight. Both the 1993 and 2011 Acts provide for the appointment of a High Court Judge to carry out reviews of their operation and the relevant reports to An Taoiseach are laid before the Houses of the Oireachtas. In addition, the Acts provide for a procedure whereby a member of the public who believes their communications have been intercepted or that their personal data has been accessed (whichever the case may be) may make a complaint to a "Complaints Referee". The current Complaints Referee is a judge of the Circuit Court.