Communications (Retention of Data) Act 2011


Access to data.

5.— A service provider shall not access data retained in accordance with section 3 except—

(a) at the request and with the consent of a person to whom the data relate,

(b) for the purpose of complying with a F13[disclosure requirement],

(c) in accordance with a court order, or

(d) as may be authorised by the Data Protection Commissioner.




Substituted (26.06.2023) by Communications (Retention of Data) (Amendment) Act 2022 (25/2022), s. 10(2), S.I. No. 287 of 2023, art. 3(h).

Modifications (not altering text):


Functions transferred and references to “Data Protection Commissioner” and “Office of the Data Protection Commission” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(1), (2), (4), in effect as per ss. 9, 14(4).

Note establishment of the Data Protection Commission (25.05.2018) by Data Protection Act 2018 (7/2018), s. 10(1), in effect as per s. 9.

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.


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