The Criminal Justice (Surveillance) Act 2009 provides that an application for surveillance may be made by a superior officer of An Garda Síochána, the Defence Forces, the Revenue Commissioners or the Garda Síochána Ombudsman Commission to a judge of the District Court, but only for the purposes of the investigation of serious offences or the protection of the security of the State and in accordance with the respective statutory duties of the bodies involved. No regulations have been made under Section 10(3) of the Act 2009.
The operation of the 2009 Act is subject to a number of statutory safeguards set out in the Act. A serving Judge of the High Court has been designated by the Government to review independently the operation of the relevant provisions of the Act. The Designated Judge may investigate the granting of any authorisation for surveillance under the Act and has full access to all documentation and personnel involved in that process. The Designated Judge reports to the Taoiseach on at least an annual basis and a copy of his report is laid before the Houses of the Oireachtas.
The 2009 Act also provides for an independent complaints procedure whereby a member of the public who believes that they have been the subject of an authorisation under the legislation may seek an investigation of the matter by a Complaints Referee. The Complaints Referee is a judge of the Circuit Court and he is empowered by law to investigate complaints, to have access to all persons and records involved in the authorisation of surveillance under the Act. If the Complaints Referee finds a contravention of the Act, he must notify the complainant and report the matter to the Taoiseach. He may also order the destruction of any relevant data and recommend redress for the complainant.