Vol. 427 No. 2
164 Mr. Barry asked the Minister for Transport, Energy and Communications the regulations, if any, in force to ensure the confidentiality of mobile telephone calls made in this country to protect the privacy of citizens and to ensure the secrecy of commercial transactions.
The confidentiality of mobile telephone calls cannot be ensured because any radio system is liable to the overhearing — deliberate or accidental — of messages passed.
Section 98 of the Postal and Telecommunications Services Act, 1983, expressly prohibits the interception of telecommunications messages being transmitted by Telecom Éireann save in clearly specified instances. That section also makes it an offence to disclose the existence, substance or purport of any such message which has been intercepted.
Unlawful interception is an offence punishable on summary conviction by a fine of up to £800, by imprisonment for up to 12 months or by both, or on conviction on indictment by a fine of up to £50,000, by imprisonment for up to five years or by both.
In addition the Wireless Telegraphy Acts provide that no person shall improperly divulge the contents of radio transmissions. The penalties for this offence are a fine of up to £1,000 and/or imprisonment for up to six months upon summary conviction. Conviction on indictment carries a penalty of £20,000 and/or 12 months imprisonment.
