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

F11[Duties of Independent Examiner in relation to Act.

8

8.(1) The Independent Examiner shall undertake the duties specified in this section.

(2) The Independent Examiner shall have the duty of ascertaining whether the provisions of this Act are being complied with.

(3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner

(a) shall have the power to investigate any case in which an authorisation has been given, and

(b) without prejudice to section 242 of the Act of 2024, shall have access to and may inspect any official documents relating to an authorisation or the application therefor.

(4) The Independent Examiner may, if he or she thinks it desirable to do so, communicate with the Taoiseach or the Minister on any matter concerning interceptions.

(5) Without prejudice to section 242 of the Act of 2024, every person who was concerned in, or has information relevant to, the making of the application for, or the giving of, an authorisation, or was otherwise concerned with the operation of any provision of this Act relating to the application or authorisation, shall give the Independent Examiner, on request by him or her, such information as is in his or her possession relating to the application or authorisation.

(6) If the Independent Examiner informs the Minister that he or she considers that a particular authorisation that is in force should not have been given or (because of circumstances arising after it had been given) should be cancelled or that the period for which it was in force should not have been extended or further extended, the Minister shall, as soon as may be, inform the Minister for Environment, Climate and Communications and shall then cancel the authorisation.

(7) Nothing in this section shall affect the functions of the Data Protection Commissioner under section 10 of the Data Protection Act 1988 and Part 6 of the Data Protection Act 2018.]

Annotations

Amendments:

F11

Substituted (2.04.2025) by Policing, Security and Community Safety Act 2024 (1/2024), s. 274(1)(f), S.I. No. 107 of 2025, subject to transitional provisions in subss. (2)-(5).

Modifications (not altering text):

C5

References to "Data Protection Commissioner" or to the "Office of the Data Protection Commissioner" construed as a reference to the "Data Protection Commission" (25.05.2018 establishment day) by Data Protection Act 2018 (7/2018), s. 14, S.I. No. 175 of 2018.

Transfer of functions of Data Protection Commissioner to Commission

14. ...

 (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

(3) A reference in the Act of 1988 (other than in section 1(3)(c)(iii) in so far as it refers to the Commissioner of the Garda Síochána) to the Commissioner shall be construed as a reference to the Commission.

(4) This section shall come into operation on the establishment day.

Editorial Notes:

E2

Previous affecting provision: subs. (1A) amended (25.05.2018) by Data Protection Act 2018 (7/2018), s. 177, S.I. No. 174 of 2018; section substituted (2.04.2025) as per F-note above.

E3

Previous affecting provision: subs. (1) substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 66, commenced on enactment: substituted (26.01.2011) as per E-note above.

E4

Previous affecting provision: subs. (1) substituted (26.01.2011) by Communications (Retention of Data) Act 2011 (3/2011), s. 11, commenced on enactment; section substituted (2.04.2025) as per F-note above.

E5

Previous affecting provision: additional functions of designated judge prescribed (26.01.2011) by Communications (Retention of Data) Act 2011 (3/2011), s. 11, commenced on enactment; section substituted (2.04.2025) as per F-note above.

E6

Previous affecting provision: subs. (1A) substituted (26.01.2011) by Communications (Retention of Data) Act 2011(3/2011), s. 11, commenced on enactment; section substituted (2.04.2025) as per F-note above.

E7

Previous affecting provision: subs. (1A) inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 66, commenced on enactment; substituted (26.01.2011) as per E-note above.

E8

Previous affecting provision: additional functions of designated judge prescribed (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 67(1), commenced on enactment; section substituted (2.04.2025) as per F-note above.