Access to communications data under the Communications (Retention of Data) Act 2011 may only be requested by a senior member of the relevant bodies empowered under the legislation, which includes An Garda Síochána and the Permanent Defence Forces, and then only for the purposes of the investigation of serious offences, the security of the State or the saving of human life.
The records which can be accessed under the 2011 Act concern the data identifying the registered owner of a device - 'subscriber' data - or the traffic and location data of a device - the when, where and for how long a phone was used, for example. The Act does not allow access to the content of a communication - this is expressly ruled out by section 2 of the Act.
I should emphasise that the Act is subject to independent judicial oversight by a Judge of the High Court, designated by the Government for that purpose. The Designated Judge has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the relevant legislation. In addition, the Designated Judge reports to the Taoiseach at least annually on the operation of the legislation. These reports are laid before the Houses of the Oireachtas.
Access to these records is essential in the fight against serious crime and to keep us safe. The fact is that some of the most serious crimes committed in this country would not have been solved and the perpetrators brought to justice if these powers were not in place. Not having these powers would do a very grave disservice to the victims of crime.
These are targeted investigatory powers. They simply do not provide for indiscriminate surveillance of members of the public. That said, very genuine concerns have been raised recently as to the balance in our law between the important freedom of journalists to pursue legitimate matters of public interest and the basic rights of persons not to have their personal information improperly disclosed. It is essential to address those concerns.
I decided to have an independent examination of the law carried out in respect of access by statutory bodies to the communications records of journalists held by communications service providers, taking into account, the principle of protection of journalistic sources, the need for statutory bodies with investigative and/or prosecution powers to have access to data in order to prevent and detect serious crime, and current best international practice in this area.
The former Chief Justice, Judge John Murray, has agreed to carry out the review over the coming three months and he will bring recommendations to me. I think it is important to have an independent aspect to the review in order to bolster public confidence in the process. As I am sure the Deputy will understand, I would not wish to presuppose the outcome of Mr. Justice Murray's review in any respect. The outcome of the review will be referred to the relevant Oireachtas Committee.
