Eoghan Murphy
Ceist:329. Deputy Eoghan Murphy asked the Minister for Justice and Equality if any Irish State or Government agencies have direct access to the networks of telecommunications companies. [40097/14]
Amharc ar fhreagraTuesday, 21 October 2014
Ceisteanna (329, 330, 331)
Eoghan Murphy
Ceist:330. Deputy Eoghan Murphy asked the Minister for Justice and Equality her plans to introduce new legislation to protect the privacy of telecommunications and to ensure that Government and State agencies are only given access to such data on foot of a High Court warrant. [40098/14]
Amharc ar fhreagraEoghan Murphy
Ceist:331. Deputy Eoghan Murphy asked the Minister for Justice and Equality the number of court orders obtained each year in the past three years to directly access the calls and e-mails of citizens. [40099/14]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 329 to 331, inclusive, together.
For the sake of clarity I will set out the current legal framework for lawful interception in Ireland.
The lawful interception of telecommunications and post is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. Sections 4 and 5 of the 1993 Act provide that only the Minister for Justice and Equality may grant ‘authorisations’ to intercept and then only for the purposes of the investigation of serious crime (Section 4) (i.e. crime punishable by a sentence of five years imprisonment or more) or in the interests of the security of the State (Section 5).
Both the Garda Commissioner and the Chief of Staff of the Defence Forces are entitled to make applications for authorisations to intercept. The Garda Commissioner may make applications under Section 4 or Section 5. However, the Chief of Staff may make applications only under Section 5. Furthermore, an application from the Chief Of Staff must be submitted in the first instance to the Minister for Defence who shall forward it to the Minister for Justice and Equality accompanied by a recommendation in writing supporting the application.
The 2011 Communications (Retention of Data) Act provides for access to retained data such as traffic data, location data and subscriber data. It does not include the content of calls or texts etc. The Act sets out the agencies which are entitled to request access to this data and the circumstances in which such requests can be made. The relevant agencies are An Garda Síochána, the Revenue Commissioners, the Defence Forces and the Garda Síochána Ombudsman Commission (GSOC). Access to such data is only permitted in specific circumstances. These circumstances are in the case of An Garda Síochána, the prevention, investigation, detection or prosecution of a serious offence, the security of the State and the saving of human life. In the case of the Defence Forces, the security of the State and in the case of the Revenue Commissioners, the investigation and prevention of certain revenue offences. In the case of GSOC, it would relate to the investigation of criminal offences which come within their particular remit.
The operation of the legislation is subject to independent judicial oversight by virtue of the appointment of a Designated Judge. The Designated Judge, a judge of the High Court, must make a report to the Taoiseach on his or her findings on at least a twelve month basis. The report is laid before the Houses of the Oireachtas. The Acts also provide for the appointment of a complaints referee, currently a Judge of the Circuit Court. A person who believes their data has been accessed under the Acts may make a complaint to the Referee.
It will be seen therefore that there is no question of any direct access to telecommunications networks by agencies of the State. That would not be in accordance with the comprehensive legislation in place in this jurisdiction for dealing with such matters. It should also be clear that the courts do not authorise interception or access to retained data under that legislation. Of course the courts may themselves on occasion make orders for the disclosure of material such as retained data in the course of their deliberations in civil or criminal cases. However this function does not come within the remit of the Minister for Justice and Equality.