Statement: Key Amendments to Data Retention Bill Required

Labour Spokesperson for Justice, Equality and Law Reform
Thursday 29th April 2010

KEY AMENDMENTS TO DATA RETENTION BILL REQUIRED - BACIK

Speaking in the Seanad today on the second stage debate on the Communications (Retention of Data) Bill 2009, Senator Ivana Bacik said that key amendments to the Bill are needed to ensure that adequate safeguards are in place to secure civil liberties and the right to privacy of citizens, saying:

“It is unfortunate that the Minister has provided for the maximum period set out in the Data Retention Directive for retaining data – namely two years for phone data. Although he has provided for a lesser period of one year for the retention of internet data, this is still too long. The standard period for retention of phone data in other EU states is only one year, and we should have that as the period for retention of phone data. We should have provided for a period of six months for retention of internet data.”

Senator Bacik also said:

“The Bill should further be amended to provide for a right to notification where a request has been made for disclosure of data relating to an individual. Currently the Bill provides for a right of complaint by an individual in such circumstances, so that an investigation can be made as to whether the request for disclosure was made in breach of the legislation. However it would be impossible for an individual to make such a complaint unless they had been made aware that a request for disclosure had been made. Other jurisdictions provide for such notification, to take place some time after the request for disclosure is made, to ensure that criminal investigations are not jeopardised in any way.”



ENDS