7A.— (1) Without prejudice to section 3A, a member of the Garda Síochána not below the rank of inspector may apply to an authorising judge for a preservation order under subsection (3) where the member is of the belief that the Schedule 2 data in respect of which the application is made—

(a) 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) are otherwise required to be preserved for the purpose of safeguarding the security of the State.

(2) Without prejudice to section 3A, a member of the Permanent Defence Forces not below the rank of commandant may apply to an authorising judge for a preservation order under subsection (3) where the member is of the belief that the Schedule 2 data in respect of which the application is made—

(a) 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) are otherwise required to be preserved for the purpose of safeguarding the security of the State.

(3) An authorising judge, as respects an application under subsection (1) or (2), may make a preservation order under this subsection only if satisfied that—

(a) paragraph (a) or (b) of subsection (1) or (2), as the case may be, applies to the Schedule 2 data in respect of which the application is made, and

(b) the issuing of the order is necessary for, and proportionate to, the purposes for which the application is made.

(4) A preservation order under subsection (3) may be made in respect of Schedule 2 data within the following categories:

(a) such data stored by a service provider on the basis of Articles 5, 6 and 9 of Directive 2002/58³;

(b) such data stored, retained or otherwise within the possession or control of a service provider under a contractual obligation or pursuant to a court order, including an order under section 3A or a preservation order under this Act, and

(c) such data, not referred to in paragraphs (a) or (b), being data the preservation of which the applicant is legally entitled to request, as may be specified by the authorising judge in the preservation order.

(5) Without prejudice to section 3A, a member of the Garda Síochána not below the rank of inspector may apply to an authorising judge for a preservation order under subsection (8) where the member is of the belief that the Schedule 2 data in respect of which the application is made—

(a) relate to a person whom the member suspects, on reasonable grounds of having committed a serious offence, or

(b) are otherwise required to be preserved for the purpose of—

(i) preventing, detecting, investigating or prosecuting a serious offence,

(ii) 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

(iii) determining the whereabouts of a missing person.

(6) Without prejudice to section 3A, an officer of the Revenue Commissioners not below the rank of assistant principal officer may apply to an authorising judge for a preservation order under subsection (8) where the officer is of the belief that the Schedule 2 data in respect of which the application is made—

(a) relate to a person whom the officer suspects, on reasonable grounds, of having committed a revenue offence, or

(b) are otherwise required to be preserved for the purpose of preventing, detecting, investigating or prosecuting a revenue offence.

F33[(7) Without prejudice to section 3A, an officer of the Competition and Consumer Protection Commission not below the rank of assistant principal officer may apply to an authorising judge for a preservation order under subsection (8) where the F34[officer] is of the belief that the Schedule 2 data in respect of which the application is made—

(a) relate to a person whom the officer suspects, on reasonable grounds, of having committed a competition offence, or

(b) are otherwise required to be preserved for the purpose of preventing, detecting, investigating or prosecuting a competition offence.]

(8) An authorising judge, as respects an application under subsection (5), (6) or (7), may make a preservation order under this subsection only if satisfied that—

(a) paragraph (a) or (b) of subsection (5), (6) or (7), as the case may be, applies to the Schedule 2 data in respect of which the application is made, and

(b) the issuing of the order is necessary for, and proportionate to, the purposes for which the application is made.

(9) A preservation order under subsection (8) may be made in respect of Schedule 2 data within the following categories:

(a) such data stored by a service provider on the basis of Articles 5, 6 and 9 of Directive 2002/58⁴,

(b) such data stored, retained or otherwise within the possession or control of a service provider under a contractual obligation or pursuant to a court order, other than a order under section 3A or a preservation order under subsection (4), and

(c) such data, not referred to in paragraphs (a) or (b), being data that the applicant is legally entitled to request the preservation of which, as may be specified by the authorising judge in the preservation order.

(10) An application under this section shall—

(a) be made ex parte,

(b) be upon information on oath, specifying the grounds on which the order is sought,

(c) specify, by reference to the criteria specified in subsection (12), the terms of the order sought, and

(d) be heard otherwise than in public.

(11) A preservation order under this section, shall, while it is in effect, require the service provider specified in the order to preserve the Schedule 2 data in his or her possession or control—

(a) of such category or categories as are, in accordance with subsection (4) or (9), specified in the order,

(b) such class or classes as are specified in the order, and

(c) subject to such conditions and directions as may be specified in the order.

(12) For the purposes of subsection (11)(a), an authorising judge may specify a class or classes of Schedule 2 data by reference to one or more of the following:

(a) a particular location or locations;

(b) a particular geographical area or areas;

(c) a particular period of time;

(d) a particular means of communication;

(e) a particular person or particular persons;

(f) such other matter or feature as the authorising judge considers appropriate.

(13) A preservation order shall have effect for 90 days, or such lesser period as may be specified in the order.

(14) Where a preservation order is made under this section, the applicant concerned shall, without delay, cause the order to be served on the service provider specified in the order.

(15) A service provider on whom a preservation order under this section is served shall comply with the order.]