A High Court order obtained by justice minister Helen McEntee requires communications service providers to retain certain data — including user, traffic and location data — for a period of 12 months for the purpose of safeguarding the security of the State.

The application was made to the designated “relevant judge” on Friday 21 June under section 3A of the Communications (Retention of Data) Act 2011, the State’s legal framework governing the retention of, and access to telecommunications data.

As required by the legislation, the application was made on an ex parte basis and was heard in camera.

This was the second such order for retention of such data, following an order granted in June 2023 following the commencement of legislative changes responding to the ruling of the Court of Justice of the European Union (CJEU) in the Graham Dwyer case.

At the time, digital rights campaigners criticised the legislation and promised to challenge it in the EU courts.

Mrs McEntee said: “I made an application for an order requiring the retention of data, having assessed the threat to the security of the State and having satisfied myself that there exists a serious and genuine, present or foreseeable threat to the security of the State and that such threat is likely to continue for at least the next 12 months.

“In doing so I had regard to the necessity and proportionality of the retention of the data concerned and took account of the impact on the fundamental rights of individuals as required.”