Communications (Retention of Data) Act 2011

9.

Statistics.

9.— (1) The Garda Commissioner shall prepare and submit a report to the Minister in respect of data specified in Schedule 2 that were the subject of all disclosure requests made under section 6(1) during the relevant period.

(2) The Chief of Staff of the Permanent Defence Force shall prepare and submit a report to the Minister for Defence in respect of data specified in Schedule 2 that were the subject of all disclosure requests made under section 6 (2) during the relevant period.

(3) The Revenue Commissioners shall prepare and submit a report to the Minister for Finance in respect of data specified in Schedule 2 that were the subject of all disclosure requests made under section 6(3) during the relevant period.

F4 [ (3A) The Competition and Consumer Protection Commission shall prepare and submit a report to the Minister for Jobs, Enterprise and Innovation in respect of data specified in Schedule 2 that were the subject of all disclosure requests made under section 6(3A) during the relevant period. ]

(4) A report under F5 [ subsection (1), (2), (3) or (3A) ] shall be submitted as soon as is practicable after the end of the relevant period.

(5) The report shall include—

( a) the number of times when data had been disclosed in response to a disclosure request,

( b) the number of times when a disclosure request could not be met,

( c) the average period of time between the date on which the retained data were first processed and the disclosure request.

(6) The Minister for Defence shall review the report submitted under subsection (2) and shall forward it to the Minister, along with any comments that he or she may have with respect to it.

(7) The Minister for Finance shall review the report submitted under subsection (3) and shall forward it to the Minister, along with any comments that he or she may have with respect to it.

F4 [ (7A) The Minister for Jobs, Enterprise and Innovation shall review the report submitted under subsection (3A) and shall forward it to the Minister, along with any comments that he or she may have with respect to it. ]

(8) The Minister, on receipt of the report submitted under subsection (1) and the reports forwarded to him or her under F5 [ subsections (6), (7) and (7A) ] shall review the reports and the comments and shall prepare a State report that consolidates those reports and submit it to the European Commission.

(9) A State report shall be submitted as soon as is practicable after the end of the relevant period.

(10) The State report shall include the matters referred to in subsection (5) .

(11) For the purposes of this section, “relevant period” means—

( a) the period beginning on the day on which this Act commences and ending on the 31 December next following that day, and

( b) each successive 12 month period.

Annotations:

Amendments:

F4

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

F5

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

Modifications (not altering text):

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 3 of 2011

Communications (Retention of Data) Act 2011

Section 9(7)

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