Communications (Retention of Data) Act 2011
Number 3 of 2011
COMMUNICATIONS (RETENTION OF DATA) ACT 2011
REVISED
Updated to 1 August 2023
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 the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 391 of 2023), made 28 July 2023, 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 1 August 2023
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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
• Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023)
• Communications (Retention of Data) (Amendment) Act 2022 (25/2022)
• 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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Communications (Retention of Data) (Data Security) Regulations 2023 (S.I. No. 352 of 2023)
• 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 Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 391 of 2023), made 28 July 2023, were considered in the preparation of this revision.
Number 3 of 2011
COMMUNICATIONS (RETENTION OF DATA) ACT 2011
REVISED
Updated to 1 August 2023
ARRANGEMENT OF SECTIONS
Section
3. Obligation to retain user data.
3A. Obligation to retain Schedule 2 data.
3B. Obligation to retain internet source data.
6. Requirement to disclose user data.
6A. Authorisation to require disclosure of Schedule 2 data.
6B. Authorisation to require disclosure of Schedule 2 data in case of urgency.
6C. Authorisation to require disclosure of internet source data.
6D. Authorisation to require disclosure of internet source data in case of urgency.
6E. Requirement to disclose cell site location data in case of urgency.
6F. Requirement to disclose Schedule 2 data, internet source data or cell site location data.
7. Service provider to comply with disclosure request. (Repealed)
7A. Preservation order in respect of certain Schedule 2 data.
7B. Temporary Preservation Order in respect of certain Schedule 2 data in case of urgency.
7C. Production order in respect of certain Schedule 2 data.
7D. Temporary Production Order in respect of certain Schedule 2 data in case of urgency.
8. Processing for other purpose.
11. Amendment of section 8 (Review of operation of Act by judge of High Court) of Act of 1993.
12. Duties of designated judge in relation to this Act.
12E. Criteria for specification of geographic area.
12G. Notification of data subject.
12I. Processing of personal data.
12J. Provisions relating to authorising judge.
Offences Deemed to be Serious Offences
Fixed network telephony and mobile telephony data to be retained under section 3
Internet access, Internet e-mail and Internet telephony data to be retained under section 3
Acts Referred to
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1996, No. 31 |
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1992, No. 12 |
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2005, No. 2 |
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Customs Consolidation Act 1876 |
39 & 40, Vict. Ch. 36 |
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1988, No. 25 |
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Data Protection Acts 1988 and 2003 |
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1999, No. 2 |
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2001, No. 7 |
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2003, No. 3 |
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2005, No. 5 |
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Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 |
1993, No. 10 |
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1997, No. 26 |
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Prevention of Corruption Acts 1889 to 1995 |
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1998, No. 49 |
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1997, No. 39 |
Number 3 of 2011
COMMUNICATIONS (RETENTION OF DATA) ACT 2011
REVISED
Updated to 1 August 2023
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.
[26th 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 ,
...