6.— (1) A member of the Garda Síochána not below the rank of superintendent may require a service provider to disclose to that member user data in the possession or control of the service provider—

(a) where the member believes that the data relate to a person whom the member suspects, on reasonable grounds of—

(i) having committed an offence, or

(ii) presenting an actual or potential threat to the security of the State,

or

(b) where the member has reasonable grounds for believing that the data are otherwise required for the purpose of—

(i) preventing, detecting, investigating or prosecuting offences,

(ii) safeguarding the security of the State,

(iii) protecting the life or personal safety of a person, in circumstances where the member believes that there is a serious risk to the life or personal safety of the person, or

(iv) determining the whereabouts of a missing person.

(2) A member of the Permanent Defence Force not below the rank of lieutenant colonel may require a service provider to disclose to that member user data in the possession or control of the service provider—

(a) where the member believes that the data relate to a person whom the member suspects, on reasonable grounds, of presenting an actual or potential threat to the security of the State, or

(b) where the member has reasonable grounds for believing that the data are otherwise required for the purpose of safeguarding the security of the State.

F15[(3) An officer of the Revenue Commissioners not below the rank of principal officer may require a service provider to disclose to that officer user data in the possession or control of the service provider—

(a) where the F16[officer] believes that the data relate to a person whom the officer suspects, on reasonable grounds, of having committed a revenue offence, or

(b) where the officer has reasonable grounds for believing that the data are otherwise required for the purpose of preventing, detecting, investigating or prosecuting a revenue offence.

(4) An officer of the Competition and Consumer Protection Commission not below the rank of principal officer may require a service provider to disclose to that officer user data in the possession or control of the service provider—

(a) where the F16[officer] believes that the data relate to a person whom the officer suspects, on reasonable grounds, of having committed a competition offence, or

(b) where the officer has reasonable grounds for believing that the data are otherwise required for the purpose of preventing, detecting, investigating or prosecuting a competition offence.]

(5) Subject to subsection (6), a requirement under this section shall be given to a service provider by notice in writing.

(6) If the member or officer concerned considers that the circumstances that warrant the making of a requirement under this section are of exceptional urgency, he or she may make such a requirement other than in writing.

(7) A member or officer who makes a requirement under this section in accordance with subsection (6) shall, not later than 2 days after the making of the requirement, give to the service provider of whom the requirement was made a notice in writing—

(a) specifying the requirement, and

(b) certifying that the requirement was made other than in writing due to the existence of circumstances of exceptional urgency.

(8) A service provider shall, as soon as practicable after a notice under subsection (5) is given to him or her or, where applicable, a requirement is made of him or her under subsection (6), comply with the requirement concerned.]