In the first place I should mention that the Report makes clear that the requests in question relate to criminal requests from law enforcement agencies or courts either by way of sub poena, court order or warrant, in other words in accordance with either statutory or court authority. The Deputy will appreciate that a wide range of statutes provide for the gathering of evidence by An Garda Síochána, whatever forms such evidence may take. For example, under section 48 of the Theft and Fraud Offences Act 2001, a member of the Garda Síochána acting under the authority of a search warrant issued by a District Court Judge may operate any computer at the place which is being searched or cause any such computer to be operated by a person accompanying the member for that purpose, and require any person at that place who appears to the member to have lawful access to the information in any such computer to cooperate with the member in question.
The Deputy will be aware that the 2011 Communications (Retention of Data) Act provides for access to traffic data, location data and subscriber data, but not content data. An application for such data may be made by a member of An Garda Siochána not below the rank of Chief Superintendent to a service provider where the data concerned is required in the context of the prevention, investigation, detection or prosecution of a serious offence, the security of the State or the saving of human life.
With regard to interceptions, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 provides for the interception of telecommunications messages. Under Section 2 of the Act, the Minister may give authorisation for such interceptions and only in the interests of the security of the State or for the purpose of criminal investigation. In terms of oversight, both the 1993 and 2011 Acts provide for the appointment of a High Court Judge to carry out an annual review of their operation and the relevant reports are laid before the Houses of the Oireachtas on an annual basis. In addition, the Acts provide for a procedure whereby a member of the public who believes their communications have been intercepted or that their personal data has been accessed (whichever the case may be) may make a complaint to a "Complaints Referee". The Acts provides that the Complaints Referee must be a judge of the Circuit or District Courts or a practising barrister or solicitor of at least ten years standing.
