Written Answers - Telecommunications Services.
Aengus Ó Snodaigh
Question:
135
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
if a draft Telecommunications (Retention of Traffic Data) Bill exists; if it was prepared without consultation with either civil liberties groups or the industries that will bear the brunt of data retention requirements; if the data protection commissioner was consulted in advance of the drafting of the Bill; if so, the nature of his input; the planned consultation process on the Bill, including the participants; and if the Government will consider necessary changes raised during the course of this consultation process.
[6804/03]
Aengus Ó Snodaigh
Question:
136
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
if the State has had a secret data retention regime in place for almost a year; if so, the reason this regime was put in place in advance of publication of the planned Telecommunications (Retention of Traffic Data) Bill; the data which is being collected under this regime; the person under whom it is supervised; the persons to whom this data is made available; the circumstances under which it is available; if this regime is open-ended or renewable; and if so, the date of renewal.
[6805/03]
Aengus Ó Snodaigh
Question:
137
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
his views on the implications of the proposed Telecommunications (Retention of Traffic Data) Bill for the future of privacy rights; and if he will make a statement on the matter.
[6795/03]
Aengus Ó Snodaigh
Question:
138
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
if a draft Telecommunications (Retention of Traffic Data) Bill exists; if it was prepared without consultation with either civil liberties groups or the industries that will bear the brunt of data retention requirements; if the Data Protection Commissioner was consulted in advance of the drafting of the Bill; if so, the nature of his input; the planned consultation process on the Bill, including the participants; and if the Government will consider necessary changes raised during the course of this consultation process.
[6796/03]
Aengus Ó Snodaigh
Question:
139
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
if the State has had a secret data retention regime in place for almost a year, authorised by his colleague the former Minister for Enterprise, Trade and Employment; if so, the reasons this regime was put in place in advance of publication and debate on the planned Telecommunications (Retention of Traffic Data) Bill; the data being collected under this regime; the person under whom it is supervised; the persons to whom this data is being made available; the circumstances under which it is made available; if this regime is open-ended or renewable; and the date on which it is renewable.
[6797/03]
I propose to take Questions Nos. 136, 137, 138 and 139 together.
In response to the first element of the Deputy's questions I would refer him to the publication of the legislation programme for the autumn 2002 session of the Houses of the Oireachtas wherein I had signalled my intention to bring such legislation forward during 2003.
In my reply to Parliamentary Question No. 290 of 5 March 2003 I dealt with a number of the other questions raised by the Deputy today. Access to retained data for various purposes is allowed in law by virtue of section 98 of the Postal and Telecommunications Services Act 1983 as amended by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. The amendment to the Act in 1993 specifically allows for the disclosure of information concerning the use made of telecommunications services for the prevention or detection of crime, for the purpose of any criminal proceedings or in the interests of the security of the State on a request from a member of the Garda Síochána not below the rank of Chief Superintendent and a member of the Defence Forces not below the rank of colonel. This amendment put the disclosure of such information on a statutory basis to ensure compliance with Article 8 of the European Convention on Human Rights.
What is now proposed is that, following EU directives concerning the processing of personal data and the protection of privacy in the electronic communications sector, a time limit be set on the period for which certain data on telecommunications usage must be retained for possible access, under specific circumstances and subject to specific safeguards, by the Garda Síochána and the Defence Forces. The time limit being considered is three years which is shorter than the period for which licensed operators historically retained such information for billing purposes.
On 24 February 2003, I hosted an information forum attended by a wide range of interested parties including industry representatives, civil rights groups and members of the legal profession. This forum was a first step in a consultative process that will continue up to and including the passage of the Bill through the Oireachtas. The data protection commissioner spoke at the forum and outlined his views on the matter, views which he had previously made known to me and my officials. I am arranging for the paper delivered by the data protection commissioner at the forum, together with the contributions from the Garda Síochána and the Department of Communications, Marine and Natural Resources to be posted on the website of my Department at www.justice.ie. At that forum, I stated that I have an open mind in relation to all aspects of the proposed legislation.
In the light of concerns expressed by the data Protection Commissioner and in advance of the drafting of the proposed legislation, the Government decided that, as an interim measure, directions under section 110 of the Postal and Telecommunications Services Act 1983 should be issued by the then Minister for Public Enterprise in April 2002 to licensed operators to retain such data for a three year period. I previously referred to this in my reply to Parliamentary Questions Nos. 166 and 178 on 5 December, 2002.
In relation to the issue of privacy raised by the Deputy, the 2002 EU directive concerning the processing of personal data and the protection of privacy in the electronic communications sector allows member states to legislate to retain such data for a limited period of time. As is stated in a preamble to the directive:
it does not alter the existing balance between the individual's right to privacy and the possibility for member states to take the measures referred to in Article 15(1) of this directive, necessary for the protection of public security, defence, State security (. . . ) and the enforcement of criminal law. Consequently, this directive does not affect the ability of member states to carry out lawful interceptions of electronic communications, or take other measures, if necessary, for any of these purposes and in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the rulings of the European Court of Human Rights.
Clearly, the provision in law of access to retained data has implications for the protection of privacy of individuals. Without legislation to set the parameters in which the privacy of individuals can be overridden we would risk creating a situation where there is a free for all in relation to the use of such information. Irish constitutional law strongly supports a right to privacy and any legislation must take account of that. In framing the proposed legislation I will be guided not only by the EU directives, constitutional law and the European Convention on the Protection of Human Rights and Fundamental Freedoms, as interpreted by the rulings of the European Court of Human Rights but also by the work of the Law Reform Commission as represented by its 1996 consultation paper on Privacy: Surveillance and the Interception of Communications and its 1998 report on the same topic.
As the Deputy will be aware, the legislation will be subject to the normal rigours of passage through the Oireachtas, including Committee Stage scrutiny.
