Written answers

Tuesday, 31 January 2017

Department of Justice and Equality

Communications Surveillance

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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113. To ask the Minister for Justice and Equality the proposed changes to the legislation in respect of electronic communications with reference to the interception of postal packets and telecommunications messages (regulation) (amendment) Bill. [4376/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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In June 2016, the Government approved proposals to draft a number of amendments to the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and other associated legislation. The proposed amendments are currently being drafted by the Office of the Parliamentary Counsel.

The primary purpose of the proposed changes is to expand the scope of lawful interception to include more modern forms of communication. In the years since enactment of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, the nature of electronic communications has changed significantly. The proposed amendments will provide a clear, legislative basis for the interception of internet-based forms of communication under the same conditions and safeguards as currently apply. The legislation will remain targeted and proportionate and will ensure that lawful interception remains a valuable tool in the fight against organised crime and terrorism. In addition to domestic requirements, the current state of the law in this area impacts on the ability to fully meet international obligations under Part 3 of the Criminal Justice (Mutual Assistance) Act 2008 and the legislative amendments proposed will remedy this.

The proposals also provide for consequential amendments that arise to the Postal and Telecommunications Services Act 1983. It is also proposed to bring forward amendments to the Criminal Justice (Surveillance) Act 2009 in order to enhance the technical ability of the relevant authorities to identify communications devices in use by individuals suspected of involvement in serious crime and terrorism.

Officials in my Department has been in consultation with industry professionals and civil society organisations to ensure that we develop legislation that is not only robust and effective, but also proportionate in terms of its scope, and which is mindful of the legitimate concerns of those affected by it.

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