Vol. 563 No. 2
137 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the outcome of the recent consultative conference to discuss the proposed Data Retention Bill; the other consultations he has had either with individuals or organisations here or internationally; and if he will make a statement on the matter. [7329/03]
232 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the details of data retention by the State in relation to phone calls, including mobile phone calls and Internet usage; the reason for this; the safeguards in place to protect the individual in this regard; and if he will make a statement on the matter. [7500/03]
I propose to take Questions Nos. 137 and 232 together.
I refer the Deputies to my comprehensive replies to Question No. 290 of 5 March and Questions Nos. 135 to 139, inclusive, of 6 March. Access to retained data for the purpose of the investigation of serious crime and in the interest of the security of the State is already allowed in law. Section 98 of the Postal and Telecommunications Services Act 1983, as amended by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, allows for the disclosure of information concerning the use made of telecommunications services in a number of circumstances on a request from a member of the Garda, not below the rank of chief superintendent, and a member of the Defence Forces, not below the rank of colonel.
Following on from EU directives concerning the processing of personal data and the protection of privacy in the electronic communications sector, it is proposed that a time limit be set on the period for which certain data on telecommunications usage must be retained for possible access, under specific circumstances and subject to specific safeguards, by the Garda Síochána for the investigation of serious crime and by the Garda Síochána and the Defence Forces in the interest of the security of the State. The time limit being considered is three years, which is shorter than the period which licensed operators historically retained such information for billing purposes. On 24 February 2003, I hosted an information forum attended by a wide range of interested parties, including industry representatives, civil rights groups and members of the legal profession. At that forum, I stated that I have an open mind in relation to all aspects of the proposed legislation. I intend to have the proceedings of the recent information forum in relation to this matter made available on my Department's website, www.justice.ie, very shortly. The website will also have a facility for interested parties to post submissions.
