Flanagan unveils new bill to update data protection regime

Justice Minister Charlie Flanagan has unveiled a new bill revising Ireland’s data protection laws and giving effect to recent European court rulings.

The Communications (Retention of Data) Bill was given the go-ahead by Cabinet yesterday to coincide with the launch of Mr Justice John Murray’s report on communications law.

The former Chief Justice was initially commissioned to look at issues around access by the Garda Síochána Ombudsman Commission (Gsoc) to journalists’ communications data, but he also undertook an analysis of recent ECJ case law, in particular the Tele2 case.

The new law will provide for ministerial authorisation for the retention by service providers of targeted categories of traffic and location data for the purpose of the prevention, detection, investigation or prosecution of serious crime or safeguarding the security of the State.

It will require prior prior judicial authorisation for disclosure of retained communications data to the Garda Síochána and other agencies, and provide for the data concerned to be held for up to 13 months.

Overall oversight of the new legislation will continue to be vested in a serving High Court judge, with a serving judge of the Circuit Court independently investigating complaints.

Mr Flanagan, announcing the new bill, said it is “important that Ireland’s data retention laws remain robust and are updated in line with evolving case law coming from the ECJ”.

He continued: “In particular, I am proposing the introduction for the first time of a system of prior judicial authorisation for access to the communications data retained by service providers in respect of all users in Ireland. It is important to stress that communications data in this context essentially means billing data, not the content of any communication.

“Access to communications data is vital in combating crime and terrorism and I am committed to putting in place as a priority, the most effective laws possible to provide for this and also to protect fundamental rights, including privacy. All EU states will have to have regard to the evolving legislative landscape and I want Ireland to be in the vanguard.”

Mr Flanagan added: “I want to express my particular thanks to Mr. Justice Murray for his detailed review which is a very valuable contribution to this complex and dynamic area of law.

“I am today writing to the Oireachtas Committee on Justice and Equality to ask them to consider this report and to undertake pre-legislative scrutiny of the general scheme of .”