On 3 October 2017, I published the report of Mr. Justice John L. Murray’s Review of the Law on Retention of and Access to Communications Data. The report is available on my Department's website. While the Review was initially commissioned to look at issues concerning access by statutory bodies to communications data of journalists held by communications service providers, Mr. Justice Murray also undertook a very detailed analysis of the law in this area including recent and significant judgments of the European Court of Justice.
I thank Mr. Justice Murray for his work on the review which, I would note, he carried out pro bono. His report provides very valuable advice in this complex and dynamic area of the law.
On 3 October, I also published the general scheme of a Communications (Retention of Data) Bill. This proposed new legislation responds to recent judgments of the European Court of Justice and will update the current law in Ireland. In particular, I am proposing prior judicial authorisation in all cases where the State seeks access to metadata in the context of investigations.
I have written to the Oireachtas Committee on Justice and Equality to ask it to undertake pre-legislative scrutiny of the general scheme of the Communications (Retention of Data) Bill, and I have also forwarded Mr. Justice Murray's report to the Committee in this context.