Vol. 563 No. 1
489 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his plans to address people's genuine concerns over data retention; and if the Government plans to store personal information on every phone call, mobile number or Internet session originating here. [7012/03]
I refer the Deputy to my com prehensive replies in this matter to Parliamentary Questions Nos. 290 of 5 March, 2003 and 135 to 139 inclusive of 6 March, 2003.
The Government does not have plans, as the Deputy appears to suggest, to store personal information on every phone call, mobile number or internet session originating in this country. What is proposed is that, following on from 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 by the licensed telecommunications operators 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 which licensed operators historically retained such information for billing purposes.
Access to retained data for various purposes is already 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 1993 amendment 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.
