SECURITY
Communications (Retention of Data) (Amendment) Act 2022
SECURITY
Communications (Retention of Data) (Amendment) Act 2022
Origin
Ensuring compliance with the rulings of the CJEU on general & indiscriminate retention of communications data for national security & law enforcement purposes
General overview
The Communications (Retention of Data) (Amendment) Act 2022 (the Act) was fast-tracked through the Irish legislative process in the summer of 2022 with the intention of filling a critical gap in Ireland’s data retention legislation left by the CJEU’s ruling in the Dwyer case. It amends the Communications (Retention of Data) Act 2011.
Under the Act, which applies to traditional telecoms service providers, two new categories of data, being “user data” and “internet source data”, must be retained generally and indiscriminately for a period of 12 months. The retention of so-called “Schedule 2 data”, which includes location and traffic data, will not be mandated. The Minister for Justice may apply to the High Court for an order requiring the retention of such Schedule 2 data in certain circumstances.
The Act allows An Garda Síochána and other specific state bodies to apply directly to service providers for access to “user data”. In contrast, in relation to “internet source data” and "Schedule 2 data", a requester must apply to a Judge for authorisation. The Act also provides a mechanism for An Garda Síochána and the Defence Forces to apply for preservation and production orders.
Status
Signed into law by the President on 21 July 2022
Fully commenced on 1 August 2023
ACT FULLY COMMENCED
1 AUGUST 2023
Useful links
- Text of the Act
- Communications (Retention of Data) (Amendment) Act 2022 (Commencement) (No.2) Order 2023
- Communications (Retention of Data) (Amendment) Act 2022 (Commencement) Order 2023
- Commencement press release
- CJEU judgment in Graham Dwyer v Commissioner of An Garda Síochána (April 2022)
- Supreme Court judgments 2020 (Clarke CJ and Charleton J)