Communications (Retention of Data) Act 2011
F66[Notification of data subject
12G. (1) Subject to subsection (2), where Schedule 2 data have been disclosed to a person pursuant to a requirement under section 6F(1), 7C or 7D, the Garda Commissioner, the Chief of Staff of the Defence Forces, the Chairman of the Revenue Commissioners, the Chairperson of the Competition and Consumer Protection Commission, as may be appropriate, shall, in accordance with regulations under this section, cause to be given to the person to whom the data relate a notice in writing informing him or her of the disclosure of the data concerned.
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any one or more of the following:
(a) the form of the notice to be given under subsection (1);
(b) the information to be provided in that notice, including—
(i) the date on which the Schedule 2 data were disclosed pursuant to the requirement concerned,
(ii) the date on which the requirement was made, and
(iii) the date of the authorisation under section 6A or 6B, the production order under section 7C or temporary production order under section 7D, in respect of the data;
(c) the persons who shall be consulted before such a notice is given in accordance with this section;
(d) the determination of the point in time and circumstances in which a notice should be given having regard to the overriding consideration that this section shall not operate to—
(i) impede the prevention, detection, investigation or prosecution of any serious offence,
(ii) undermine the security of the State, or
(iii) endanger the life or personal safety of any person;
(e) the classes of information that shall not be included in a notice under subsection (1) having regard to the overriding consideration referred to in paragraph (d);
(f) the categories of persons (other than the person to whom the data relate) whose interests are materially affected by the disclosure of traffic and location data pursuant to a disclosure requirement.
(3) This section shall not apply to Schedule 2 data that have been disclosed in compliance with a disclosure requirement made pursuant to—
(a) an authorisation issued under section 6A(5),
F67[(b) an authorisation issued under section 6B,]
(c) a production order made under section 7C(3), or
F67[(d) a temporary production order made under section 7D(3).]]
Inserted (26.06.2023) by Communications (Retention of Data) (Amendment) Act 2022 (25/2022), s. 8, S.I. No. 287 of 2023, art. 3(g)(ii), subs. (1) insofar as it relates to the Garda Commissioner, the Chief of Staff of the Defence Forces and the Chairman of the Revenue Commissioners.
Inserted (1.08.2023) by Communications (Retention of Data) (Amendment) Act 2022 (25/2022), s. 8, S.I. No. 390 of 2023, subs. (1) except insofar as it relates to the Garda Commissioner, the Chief of Staff of the Defence Forces and the Chairman of the Revenue Commissioners.
Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 78(q)(i), (ii), S.I. No. 391 of 2023.