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, I understand, held by licensed operators for a period of six years 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 safety and the prevention, investigation, detection and prosecution of criminal offences.
Last 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.
This legislation is currently under consideration in my Department as announced in the Government legislation programme published by the Government Chief Whip on 7 October last. I undertook to consult with interested parties on the scope of the proposed legislation, prior to my bringing proposals to Government. As a first step in this process I have organised an information seminar with key stakeholders to be held later this month.