Having returned from maternity leave, justice minister Helen McEntee yesterday signed a commencement order bringing into operation provisions of the Communications (Retention of Data) (Amendment) Act 2022 from 26 June 2023.

The legislation was developed in response to a ruling by the Court of Justice of the European Union (CJEU) last year in a case brought by convicted murderer Graham Dwyer.

The 2022 Act provides that general and indiscriminate retention of communications traffic and location data is permissible on national security grounds, where approved by a designated judge.

The Act also introduces a system of preservation and production orders to facilitate preservation of, and access to, specified communications data held by service providers for national security purposes and for the investigation of serious crime where permitted by an authorising judge.

A preservation order will act as a “quick freeze” requiring service providers to retain any specified data that they hold at a particular point in time for a period.

A production order will allow access to specified data held by a service provider for commercial or other reasons, where such access is necessary for national security or law enforcement purposes. The effect of a production order will be that a service provider must immediately take steps to produce and disclose to the relevant State agency the data described in the order made by an authorised judge.

Both traffic and location data retained for national security purposes and user data, retained for national security or law enforcement purposes, will be retained for 12 months.

“The commencement of this Act will bring legal certainty for communications service providers and state agencies on what obligations apply to the retention of communications data which is vital for law enforcement and national security purposes,” Mrs McEntee said.

“An Garda Síochána have a vital role to play in keeping us all safe, in investigating criminals and ensuring justice is done. As I have said before An Garda Síochána and our other agencies must be fully equipped with strong laws and modern technology to do their job.

“We cannot have an analogue police service in a digital age. The commencement of this Act will help in that while also ensuring that people’s rights are not subject to unnecessary or disproportionate interference.

“I want to acknowledge the engagement over the past year by service providers and their representative bodies, our State agencies and the Courts Service in putting the necessary arrangements in place to get us to this point.”

The commenced provisions apply to An Garda Síochána, the Permanent Defence Forces, the Garda Síochána Ombudsman Commission and the Office of the Revenue Commissioners. The provisions of the Act in relation to the Competition and Consumer Protection Commission will be commenced at a later date.

The Justice Plan 2023 includes a commitment to initiate policy work on further consolidated legislation in this area.