Catherine Murphy
Question:
754. Deputy Catherine Murphy asked the Minister for Justice the number of data access requests An Garda Síochána has made to telecom companies and social media companies here in the past three years to date in 2020 under the Communications (Retention of Data) Act 2011; the number of access requests that were approved and declined by the companies that the data was requested from; and the reason the data was sought. [38850/20]
View answer
My officials are engaging with An Garda Siochána in relation to the information sought by the Deputy. I will write to the Deputy directly when the information is available.
The following deferred reply was received under Standing Order 51:
In my response to PQ 38850/20 on 24th November, I indicated that my officials were engaging with An Garda Síochána in relation to the information sought. Having received further information, I am now in a position to respond. The Communications (Retention of Data) Act 2011 provides for access by An Garda Síochána and certain other statutory bodies to certain communications data.
Under the 2011 Act access to communications data may be granted to An Garda Síochána in respect of the prevention, detection, investigation or prosecution of a serious offence, the safeguarding of the security of the State and the saving of human life.
I am informed by An Garda Síochána that the following statistics set out the number of data access requests made by An Garda Síochána to telecom companies in 2018 and 2019. I am further informed that the figures for 2020 will be prepared at year end and available early 2021.
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No. of data access requests made under the Communications (Retention of Data ) Act 2011 by year1
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2018
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13,545
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2019
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8,110
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1 Note: These figures include requests by An Garda Síochána for subscriber data under the Data Protection legislation, as it was not possible within the timeframe for response to disaggregate this information for both of the years requested.
An Garda Síochána have in place internal procedures to ensure that requests are scrutinised prior to issue so as to ensure only valid requests are made to service providers, and where relevant data is known to exist.
It is important to state that the figures above do not represent the entirety of communications-related data that may be provided to An Garda Síochána, for example, under other enactments, search warrants or court orders.
The Deputy may also wish to be aware that access requests made to social media companies do not come within the remit of the Communications [Retention of Data] Act 2011 but are dealt with in accordance with Law Enforcement cooperation guidelines which have been put in place by the companies.
