Communications (Retention of Data) Act 2011

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Number 3 of 2011


COMMUNICATIONS (RETENTION OF DATA) ACT 2011


ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Non-application of Act.

3. Obligation to retain data.

4. Data security.

5. Access to data.

6. Disclosure request.

7. Service provider to comply with disclosure request.

8. Processing for other purpose.

9. Statistics.

10. Complaints procedure.

11. Amendment of section 8 (Review of operation of Act by judge of High Court) of Act of 1993.

12. Duties of designated judge in relation to this Act.

13. Repeal.

14. Short title.

SCHEDULE 1

Offences Deemed to be Serious Offences

SCHEDULE 2

PART 1

Fixed network telephony and mobile telephony data to be retained under section 3

PART 2

Internet access, Internet e-mail and Internet telephony data to be retained under section 3


Acts Referred to

Criminal Assets Bureau Act 1996

1996, No. 31

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Customs Consolidation Act 1876

39 & 40, Vict. Ch. 36

Data Protection Act 1988

1988, No. 25

Data Protection Acts 1988 and 2003

Finance Act 1999

1999, No. 2

Finance Act 2001

2001, No. 7

Finance Act 2003

2003, No. 3

Finance Act 2005

2005, No. 5

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993, No. 10

Non-Fatal Offences against the Person Act 1997

1997, No. 26

Prevention of Corruption Acts 1889 to 1995

Protections for Persons Reporting Child Abuse Act 1998

1998, No. 49

Taxes Consolidation Act 1997

1997, No. 39

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Number 3 of 2011


COMMUNICATIONS (RETENTION OF DATA) ACT 2011


AN ACT TO GIVE EFFECT TO DIRECTIVE NO. 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 MARCH 2006 1 ON THE RETENTION OF DATA GENERATED OR PROCESSED IN CONNECTION WITH THE PROVISION OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES OR OF PUBLIC COMMUNICATIONS NETWORKS AND AMENDING DIRECTIVE 2002/58/EC 2 , TO PROVIDE FOR THE RETENTION OF AND ACCESS TO CERTAIN DATA FOR THE PURPOSES OF THE PREVENTION OF SERIOUS OFFENCES, THE SAFEGUARDING OF THE SECURITY OF THE STATE AND THE SAVING OF HUMAN LIFE, TO REPEAL PART 7 OF THE CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 , TO AMEND THE INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.

[26th January, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 O.J. No. L105, 13.04.2006, p. 54

2 O.J. No. L201, 31.07.2002, p. 37