Communications (Retention of Data) Act 2011
F27[Requirement to disclose cell site location data in case of urgency
6E.— (1) A member of the Garda Síochána not below the rank of inspector may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that the cell site location data in respect of which the application was made are required for the purpose of—
(a) 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
(b) determining the whereabouts of a missing person.
(2) A superior officer to whom an application under subsection (1) is made shall issue an authorisation under this section only if satisfied that—
(a) paragraphs (a) or (b) of the subsection applies in respect of the cell site location data concerned, and
(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made.
(3) Subsections (6) to (12) and subsections (14) to (16) of section 6B shall apply in respect of an authorisation under this section as they apply in respect of an authorisation under that section.
(4) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to that applicant cell site location data—
(a) specified in the authorisation, and
(b) subject to such conditions and directions as may be specified in the authorisation.
(5) In this F28[section and section 6F,] "cell site location data" mean data processed by means of an electronic communications network that identifies the most recent geographic location of the device or equipment used by a user when availing of a publicly available electronic communications service.]
Inserted (26.06.2023) by Communications (Retention of Data) (Amendment) Act 2022 (25/2022), s. 6, S.I. No. 287 of 2023, art. 3(e)(iv).
Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 78(g), S.I. No. 391 of 2023.