Written answers

Thursday, 19 October 2017

Department of Justice and Equality

Data Protection

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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47. To ask the Tánaiste and Minister for Justice and Equality his plans to amend both the Criminal Justice (Surveillance) Act 2009 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 to comply with European union law with regard to data protection, further to Mr. Justice John L. Murray’s review of the law on retention of and access to communications data report; and if he will make a statement on the matter. [44277/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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In July 2016 the Government approved proposals to draft a Bill making amendments to the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in order to modernise in certain respects the legal framework for the lawful interception of communications and electronic surveillance.

Work is ongoing in my Department, in consultation with the Attorney General's Office and the Office of the Parliamentary Counsel, to bring forward proposals in this regard. This process also involves consultation with relevant industry and other interests.

As the Deputy will appreciate, in the development of any legislation, account must be taken of the evolution of the legal environment generally including, of course, any relevant developments in EU and other international law to which Ireland must have reference.

It should be emphasised, of course, that Judge Murray's review was concerned with the law on access to retained communications data, that is to say, subscriber, traffic and location data. None of this data refers to the content of communications.

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