Communications (Retention of Data) Act 2011

F29[Requirement to disclose Schedule 2 data, internet source data or cell site location data

6F

6F. (1) A member of the Garda Síochána, member of the Permanent Defence Force, officer of the Revenue Commissioners or officer of the Competition and Consumer Protection F30[Commission], as the case may be, to whom an authorisation has been issued under section 6A, 6B, 6C, 6D or 6E may at any time in the period during which the authorisation has effect, by notice in writing require the service provider specified in the authorisation to F30[disclose to the member or officer concerned Schedule 2 data, internet source data or cell site location data, as the case may be]

(a) of such class or classes as are specified in the authorisation and in the service provider’s possession or control, and

(b) subject to such conditions and directions as may be specified in the authorisation.

(2) A service provider to whom a notice is given under subsection (1) shall comply with the requirement concerned—

(a) where the disclosure requirement is made pursuant to an authorisation under section 6B, 6D or 6E, without delay, and

(b) in any other case, as soon as is practicable.

(3) A member or officer referred to in subsection (1) shall, when he or she gives the notice under that subsection to the service provider concerned, give to the service provider a true copy of the authorisation pursuant to which the disclosure requirement is made.

(4) In proceedings for an offence, a document that purports to be a true copy of an authorisation under section 6A, 6B, 6C, 6D or 6E shall be admissible in evidence without further proof.

(5) For the purposes of this section, a document shall be deemed to be a true copy of an authorisation under section 6A, 6B, 6C, 6D or 6E if it has been certified as being a true copy of that authorisation by an authorising judge.]

Annotations:

Amendments:

F29

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)(v), subs. (1) commenced insofar as it relates to a member of the Garda Síochána, a member of the Permanent Defence Forces and an officer of the Revenue Commissioners.

Inserted (1.08.2023) by Communications (Retention of Data) (Amendment) Act 2022 (25/2022), s. 6, S.I. No. 390 of 2023, subs. (1) commenced except insofar as it relates to a member of the Garda Síochána, a member of the Permanent Defence Forces and an officer of the Revenue Commissioners.

F30

Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 78(h)(i), (ii), S.I. No. 391 of 2023.