Communications (Retention of Data) Act 2011

6.

Disclosure request.

6.— (1) A member of the Garda Síochána not below the rank of chief superintendent may request a service provider to disclose to that member data retained by the service provider in accordance with section 3 where that member is satisfied that the data are required for—

( a) the prevention, detection, investigation or prosecution of a serious offence,

( b) the safeguarding of the security of the State,

( c) the saving of human life.

(2) An officer of the Permanent Defence Force not below the rank of colonel may request a service provider to disclose to that officer data retained by the service provider in accordance with section 3 where that officer is satisfied that the data are required for the purpose of safeguarding the security of the State.

(3) An officer of the Revenue Commissioners not below the rank of principal officer may request a service provider to disclose to that officer data retained by the service provider in accordance with section 3 where that officer is satisfied that the data are required for the prevention, detection, investigation or prosecution of a revenue offence.

F2 [ (3A) A member of the Competition and Consumer Protection Commission may request a service provider to disclose to that member data retained by the service provider in accordance with section 3 where that member is satisfied that the data are required for the prevention, detection, investigation or prosecution of a competition offence. ]

(4) A disclosure request shall be made in writing, but in cases of exceptional urgency the request may be made orally (whether by telephone or otherwise) by a person entitled under F3 [ subsection (1), (2), (3) or (3A) ] to make the request.

(5) A person who makes a disclosure request orally shall confirm the request in writing to the service provider within 2 working days of the request being made.

Annotations:

Amendments:

F2

Inserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 89(b)(i), S.I. No. 366 of 2014, in effect as per reg. 2.

F3

Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 89(b)(ii), S.I. No. 366 of 2014, in effect as per reg. 2.