Dáil Éireann debate -
Thursday, 5 Dec 2002

Vol. 558 No. 6

Written Answers. - Processing of Personal Data.

Joe Costello

Question:

166 Mr. Costello asked the Minister for Justice, Equality and Law Reform his proposals to store personal data on Irish and the EU citizens with the US authorities; the reason these proposals have not been brought before the Oireachtas; and if he will make a statement on the matter. [25294/02]

Joe Costello

Question:

178 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he proposes to introduce data retention legislation; and if he will make a statement on the matter. [25342/02]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 166 and 178 together.

I have no proposals to store data as described in Question No. 166.

Section 98 of the Postal and Telecommunications Services Act, 1983, as amended, provides for the disclosure of information concerning the use made of telecommunications services for the purpose of the prevention or detection of crime or in the interests of the security of the State. Such information was held by licensed operators for a period of six years or so for billing purposes.

The implementation of Directive 97/66/EC of the European Parliament and Council concerning the processing of personal data and the protection of privacy in the telecommunications sector provides for the erasure of certain telecommunications data. This provision may be restricted to safeguard certain objectives, such as national security, public security and the prevention, investigation, detection and prosecution of criminal offences.

Earlier this year, the Government decided that legislation should be drafted requiring licensed operators to retain information concerning the use made of telecommunications services provided by them for any person for a period of three years. As an interim measure, the Government also decided that the Minister for Public Enterprise should issue directions under section 110(1) of the Postal and Telecommunications Services Act, 1983, as amended, requiring such retention.

The legislation mentioned above is currently being prepared in my Department, as announced in the Government legislation programme published by the Government Chief Whip on 7 October last.