Catherine Murphy (Kildare North, Social Democrats)
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277. To ask the Tánaiste and Minister for Justice and Equality if mobile phone or communications companies have raised concerns or issues with him in the context of the interception of communications arising from GDPR; and if he will make a statement on the matter. [31484/18]

Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that the lawful interception of communications is a valuable tool in the fight against serious and organised crime and in protecting security. Interception is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

The Act sets out very strict conditions all of which must be satisfied for an authorisation to be granted by the Minister for Justice and Equality to the Commissioner of An Garda Síochána, the Chief of Staff of the Defence Forces or the Chairperson of the Garda Síochána Ombudsman Commission, as provided for in the Act 1993.

In respect of serious crime, these conditions are that an investigation is being carried out into a serious crime or to prevent a serious crime and that investigations not involving interception have not and are unlikely to produce the necessary information or evidence and that interception is likely to do so, and that the importance of obtaining the information justifies the interception notwithstanding the interference with privacy.

In respect of protecting the security of the State, the conditions are that there are investigations being carried out, based on a reasonable belief there are activities going on that endanger the State’s security, and that investigations not involving interception have not and are not likely to produce the necessary information or evidence, and that interception is likely to do so, and that the importance of obtaining the information justifies the interception notwithstanding the interference with privacy.

The 1993 Act also provides for independent judicial oversight of the operation of the Act’s provisions by a serving Judge of the High Court designated for this purpose. There is also an independent Complaints Referee provided for under the Act, a serving Judge of the Circuit Court who is empowered to investigate complaints from individuals who believe that their communications have been intercepted.

Such concerns as referred to by the Deputy in her question have not been raised with me arising from the GDPR. The Deputy will note that the GDPR does not apply to processing by competent authorities for the purposes of combatting crime and preventing threats to public security. The processing of personal data for these purposes is governed by EU Directive 2016/680, known as the ‘law enforcement directive’, which is given effect to at Parts 5 and 6 of the Data Protection Act 2018. Data processed for the purposes of safeguarding the security of the State are governed by section 1(4) of the Data Protection Act 1988.