89. The Communications (Retention of Data) Act 2011 is amended—

(a) in section 1, by inserting the following definition:

“ ‘competition offence’ means an offence under section 6 of the Competition Act 2002, that is an offence involving an agreement, decision or concerted practice to which subsection (2) of that section applies;”,

(b) in section 6—

(i) by inserting the following subsection after subsection (3):

“(3A) A member of the Competition and Consumer Protection Commission may request a service provider to disclose to that member data retained by the service provider in accordance with section 3 where that member is satisfied that the data are required for the prevention, detection, investigation or prosecution of a competition offence.”,

and

(ii) in subsection (4), by substituting “subsection (1), (2), (3) or (3A)” for “subsection (1), (2) or (3) ”,

(c) in section 9—

(i) by inserting the following subsection after subsection (3):

“(3A) The Competition and Consumer Protection Commission shall prepare and submit a report to the Minister for Jobs, Enterprise and Innovation in respect of data specified in Schedule 2 that were the subject of all disclosure requests made under section 6(3A) during the relevant period.”,

(ii) in subsection (4), by substituting “subsection (1), (2), (3) or (3A)” for “subsection (1), (2) or (3) ”,

(iii) by inserting the following subsection after subsection (7):

“(7A) The Minister for Jobs, Enterprise and Innovation shall review the report submitted under subsection (3A) and shall forward it to the Minister, along with any comments that he or she may have with respect to it.”,

and

(iv) in subsection (8), by substituting “subsections (6), (7) and (7A)” for “subsection (6) and (7) ”,

(d) in section 10, by substituting the following paragraph for paragraph (a) of subsection (5):

“(a) direct An Garda Síochána, the Permanent Defence Force, the Revenue Commissioners or the Competition and Consumer Protection Commission to destroy the relevant data and any copies of the data,”,

and

(e) in section 12, by substituting the following paragraph for paragraph (b) of subsection (1):

“(b) ascertain whether An Garda Síochána, the Permanent Defence Force, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with its provisions, and”.