Communications (Retention of Data) Act 2011
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Obligation to retain data. |
3.— (1) A service provider shall retain data in the categories specified in Schedule 2 , for a period of 2 years in respect of the data referred to in Part 1 of Schedule 2 and for a period of one year in respect of the data referred to in Part 2 of Schedule 2 . | |
(2) The periods of retention referred to in subsection (1) commence— | ||
(a) in the case of data that before the passing of this Act were the subject of a data retention request under Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 , on the date before the passing of this Act on which the data were first processed by the service provider, | ||
(b) in any other case, on the date on or after the passing of this Act on which the data were first so processed. | ||
(3) Data retained in accordance with subsection (1) shall be retained in such a way that they may be disclosed without undue delay pursuant to a disclosure request. | ||
(4) The data referred to in subsection (1) include data relating to unsuccessful call attempts that, in the case of data specified in Part 1 of Schedule 2 , are stored in the State, or in the case of data specified in Part 2 of Schedule 2 , are logged in the State. | ||
(5) This section does not require a service provider to retain aggregated data, data that have been made anonymous or data relating to unconnected calls. | ||
(6) In this section “aggregated data” means data that cannot be related to individual subscribers or users. |