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McEntee obtains new order on data retention

The Minister for Justice has obtained a High Court order requiring communications companies to hold certain data for 12 months, for the purpose of safeguarding the security of the State.

The order covers information such as user, traffic, and location data.

Minister Helen McEntee made the application under section 3A of the Communications (Retention of Data) Act 2011, the State’s legal framework governing the retention of, and access to, telecommunications data.

Ex parte application

Under section 3A, the general and indiscriminate retention of data is allowed only to safeguard the security of the State, and where an order has been made by a ‘relevant judge’ of the High Court.

The ex parte application, held in camera, was made to a relevant judge designated by the President of the High Court on 21 June, and runs for 12 months from 26 June 2024.

This is the second such order for the retention of such data, after an order granted in June 2023 when the relevant provisions were commenced.

EU court ruling

The 2011 act was amended in 2022 to take account of rulings of the European Court of Justice.

In a case taken by convicted murderer Graham Dwyer, the EU court ruled that EU law precluded the general and indiscriminate retention of electronic traffic and location data for the purposes of combating serious crime.

Where the Minister for Justice is satisfied that there is “a serious and genuine, present or foreseeable threat” to the security of the State, the minister may make an application to the High Court.

The operation of the 2011 act is subject to supervision by a designated High Court judge, who must report annually to the Taoiseach.