Communications (Retention of Data) Act 2011


Number 3 of 2011


COMMUNICATIONS (RETENTION OF DATA) ACT 2011

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Communications (Retention of Data) Act 2011. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 3 of 2011


COMMUNICATIONS (RETENTION OF DATA) ACT 2011

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Communications (Retention of Data) Acts 2011 and 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Competition and Consumer Protection Act 2014 (29/2014), s. 1(4)). The Acts in this group are:

Communications (Retention of Data Act 2011 (3/2011)

Competition and Consumer Protection Act 2014 (29/2014), s. 89

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Freedom of Information Act 2014 (30/2014)

Competition and Consumer Protection Act 2014 (29/2014)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 3 of 2011


COMMUNICATIONS (RETENTION OF DATA) ACT 2011

REVISED

Updated to 25 May 2018



Acts Referred to

Criminal Assets Bureau Act 1996

1996, No. 31

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Customs Consolidation Act 1876

39 & 40, Vict. Ch. 36

Data Protection Act 1988

1988, No. 25

Data Protection Acts 1988 and 2003

Finance Act 1999

1999, No. 2

Finance Act 2001

2001, No. 7

Finance Act 2003

2003, No. 3

Finance Act 2005

2005, No. 5

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993, No. 10

Non-Fatal Offences against the Person Act 1997

1997, No. 26

Prevention of Corruption Acts 1889 to 1995

Protections for Persons Reporting Child Abuse Act 1998

1998, No. 49

Taxes Consolidation Act 1997

1997, No. 39


Number 3 of 2011


COMMUNICATIONS (RETENTION OF DATA) ACT 2011

REVISED

Updated to 25 May 2018


AN ACT TO GIVE EFFECT TO DIRECTIVE NO. 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 MARCH 2006 1 ON THE RETENTION OF DATA GENERATED OR PROCESSED IN CONNECTION WITH THE PROVISION OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES OR OF PUBLIC COMMUNICATIONS NETWORKS AND AMENDING DIRECTIVE 2002/58/EC 2, TO PROVIDE FOR THE RETENTION OF AND ACCESS TO CERTAIN DATA FOR THE PURPOSES OF THE PREVENTION OF SERIOUS OFFENCES, THE SAFEGUARDING OF THE SECURITY OF THE STATE AND THE SAVING OF HUMAN LIFE, TO REPEAL PART 7 OF THE CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005, TO AMEND THE INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.

[26 th January, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Records under Act excluded from application of Freedom of Information Act (30/2014) (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 42(b)(x), commenced as per s. 1(2).

Restriction of Act

42.—This Act does not apply to— ...

(b) a record held or created by the Garda Síochána that relates to any of the following: ...

(x) the Communications (Retention of Data) Act 2011 ,

...