Eoghan Murphy (Dublin South East, Fine Gael)
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566. To ask the Minister for Justice and Equality if her attention has been drawn to any Government agencies that have direct access to the networks of telecommunications companies; the number of court orders that were obtained in the past three calendar years to directly access the calls and e-mails of citizens; her plans to introduce new legislation to protect the privacy of telecommunications and to ensure that Government agencies are only given access to such data on foot of a High Court warrant; and if Government agencies that are accessing the privacy of telecommunications without a court order are complying with Article 8 of the European Convention on Human Rights. [30665/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I want to assure the Deputy that there is no question of authorities within this State conducting mass surveillance of the population’s communications. There is clear and unambiguous legislation to regulate the lawful interception of phone calls and the obtaining of call related data. The legislation in question does not provide a basis for mass surveillance. It can only be used in very specific circumstances such as on grounds of national security or the detection and prevention of serious crime.

Access to call content is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and may only take place under Ministerial warrant following a request in writing which accords with the conditions set down in the Act.

Access to retained data is governed by the Communications (Retention of Data) Act 2011. Under the Act access may only be granted following a request by a senior member of An Garda Siochana, the Defence Forces or the Revenue Commissioners to the communications provider in connection with the prevention, detection, investigation or prosecution of a serious offence, the safeguarding of the security of the State or the saving of human life.

The operation of both Acts is subject to judicial oversight by a serving High Court judge who reports annually to the Taoiseach. There is also is a complaints procedure to a Complaints Referee which individuals can avail of if there is a concern that they have been the subject of an improper use of the legislation. The Complaints Referee is a serving judge of the Circuit Court.

There are lawful and legitimate reasons for law enforcement and other authorities to require access to certain data. Not least of these reasons is the need to protect our citizens from terrorist threats and serious criminality.

In doing so, however, it is necessary to ensure that the information used is properly obtained and subject to appropriate safeguards. The importance of protecting individual rights to privacy and ensuring respect for individual human rights contained in the European Convention on Human Rights is well recognised. The State also has robust data protection legislation to protect individuals from unwarranted access to personal data.