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Amendment of section 6 of Principal Act
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5. The Principal Act is amended by the substitution of the following section for section 6—
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“Requirement to disclose user data
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6. (1) A member of the Garda Síochána not below the rank of superintendent may require a service provider to disclose to that member user data in the possession or control of the service provider—
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(a) where the member believes that the data relate to a person whom the member suspects, on reasonable grounds of—
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(i) having committed an offence, or
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(ii) presenting an actual or potential threat to the security of the State,
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or
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(b) where the member has reasonable grounds for believing that the data are otherwise required for the purpose of—
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(i) preventing, detecting, investigating or prosecuting offences,
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(ii) safeguarding the security of the State,
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(iii) protecting the life or personal safety of a person, in circumstances where the member believes that there is a serious risk to the life or personal safety of the person, or
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(iv) determining the whereabouts of a missing person.
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(2) A member of the Permanent Defence Force not below the rank of lieutenant colonel may require a service provider to disclose to that member user data in the possession or control of the service provider—
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(a) where the member believes that the data relate to a person whom the member suspects, on reasonable grounds, of presenting an actual or potential threat to the security of the State, or
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(b) where the member has reasonable grounds for believing that the data are otherwise required for the purpose of safeguarding the security of the State.
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(3) An officer of the Revenue Commissioners not below the rank of principal officer may require a service provider to disclose to that officer user data in the possession or control of the service provider—
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(a) where the member believes that the data relate to a person whom the officer suspects, on reasonable grounds, of having committed a revenue offence, or
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(b) where the officer has reasonable grounds for believing that the data are otherwise required for the purpose of preventing, detecting, investigating or prosecuting a revenue offence.
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(4) An officer of the Competition and Consumer Protection Commission not below the rank of principal officer may require a service provider to disclose to that officer user data in the possession or control of the service provider—
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(a) where the member believes that the data relate to a person whom the officer suspects, on reasonable grounds, of having committed a competition offence, or
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(b) where the officer has reasonable grounds for believing that the data are otherwise required for the purpose of preventing, detecting, investigating or prosecuting a competition offence.
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(5) Subject to subsection (6), a requirement under this section shall be given to a service provider by notice in writing.
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(6) If the member or officer concerned considers that the circumstances that warrant the making of a requirement under this section are of exceptional urgency, he or she may make such a requirement other than in writing.
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(7) A member or officer who makes a requirement under this section in accordance with subsection (6) shall, not later than 2 days after the making of the requirement, give to the service provider of whom the requirement was made a notice in writing—
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(a) specifying the requirement, and
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(b) certifying that the requirement was made other than in writing due to the existence of circumstances of exceptional urgency.
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(8) A service provider shall, as soon as practicable after a notice under subsection (5) is given to him or her or, where applicable, a requirement is made of him or her under subsection (6), comply with the requirement concerned.”.
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