Written answers
Thursday, 19 January 2017
Department of Justice and Equality
European Court of Justice Rulings
David Cullinane (Waterford, Sinn Fein)
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49. To ask the Minister for Justice and Equality if her attention has been drawn to a Court of Justice of the European Union judgment (details supplied) and the fact that the judgment states the competent national authorities to whom access to retained data has been granted must notify the persons concerned of that fact; the procedures that have been put in place by her Department to notify persons concerned that access to their retained data has been granted in view of this judgment; if any journalists have been notified or will be notified that access to their retained data had or has been granted; and if she will make a statement on the matter. [2239/17]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am, of course, aware of the judgment of the European Court of Justice to which the Deputy refers in his question which addresses a number of aspects relating to legislative regimes governing access to retained communications data by law enforcement authorities investigating serious crime and preventing security threats. The judgment raises a number of complex issues of law and fundamental rights, including the notification of persons whose data has been accessed and, in conjunction with the Office of the Attorney General, my Department is currently considering the implications of the judgment in the Irish context.
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