Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages
Seanad Éireann — 2022-07-13
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Helen McEntee (FG), Meath East

In one sense what we are proposing here, to comply with the European Court of Justice ruling, is tying members of the Garda's hands behind their backs because it limits what they can do. It limits their access in respect of national security grounds and the time for which the data can be kept. It absolutely limits what they can do when it comes to fighting crime, including serious crime.
The terms "preventing" and "preventing or detecting" are already in the principal Act. They are absolutely appropriate in the context of how An Garda Síochána or other agencies carry out their work and what they do. They are all captured together with investigating and prosecuting. I think in paragraph 158 of the 2020 ruling, which has not changed since the April 2022 ruling, the court itself outlines and discusses the four terms, namely, preventing, detecting, investigating or prosecuting. They are specifically used in this. I really would not see a reason for departing from the court's ruling when this specifically is what we are trying to do. We are trying to make sure we are in line with the European Court of Justice ruling. I do not see why we would detract from it, nor how this gives less of a right to people than they currently have. I would really see the opposite, in that there are more safeguards, less data can be retained and there are fewer ways in which they can be accessed.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-07-13/debate/main
Retrieved: 2026-09-21T01:01:04+00:00
Sitting date: 2022-07-13