Question:
49 Dr. Upton asked the Minister for Public Enterprise her views on encryption of e-mail messages and other forms of information transfer on the Internet; and if she will make a statement on the matter. [18934/97]
Written Answers. - Encryption Policy.
Jimmy Deenihan
Question:54 Mr. Deenihan asked the Minister for Public Enterprise the plans, if any, the Government has to produce a national encryption policy in view of the fact that currently there are no national laws in this area. [17602/97]
I propose to take Questions Nos. 49 and 54 together.
Responsibility at Government for encryption policy is currently spread between a number of different Ministers including myself.
In relation to the control of exports of cryptographic products, for instance, my colleague, the Minister for Enterprise, Trade and Employment has previously introduced two Statutory Instruments, namely, the European Communities (Control of Exports of Dual-Use Goods) Regulations, 1996 (S.I. 362 of 1996) and the Control of Exports Order, 1996 (S.I. 363 of 1996), which contain provisions in this regard.
In the case of measures to be taken to protect the legitimate needs of lawful access to encrypted material, for the purposes of law enforcement, this falls within the area of responsibility of my colleague the Minister for Justice, Equality and Law Reform.
My own responsibility in this area stems from recent developments within the telecommunications sector, most notably the developments associated with the Information Society. At the forthcoming meeting of the Council of Telecommunication Ministers on 1 December 1997, for example, the Commission will be presenting a communication on ensuring security and trust in electronic communication. The aim of this document is to ensure that users of electronic networks in all economic sectors benefit from the opportunities of the Global Information Society and I intend liaising with my colleagues in Government to ensure that the stance I take at that meeting reflects their concerns also.
In this context I also intend to initiate a discussion shortly with my Government colleagues as to where the primary responsibility in the area of encryption should be.
The national approach to this issue should ensure that the development of encryption products is promoted in Ireland and that the legal framework for the use of such products supports the development of electronic commerce over the Internet subject to appropriate measures to enable access to information for law enforcement purposes.