Criminal Justice (Terrorist Offences) Act 2005

Access to data retained for law enforcement and security purposes.

64.—(1) Subject to subsection (7), a service provider shall not access data retained in accordance with section 63 (5), except—

(a) at the request and with the consent of the person to whom the data relate,

(b) for the purpose of complying with a disclosure request under subsection (2) or (3) of this section,

(c) in accordance with a court order,

(d) for the purpose of civil proceedings in any court, or

(e) as may be authorised by the Data Protection Commissioner.

(2) If a member of the Garda Síochána not below the rank of chief superintendent is satisfied that access to any data retained by a service provider in accordance with section 63 (5) is required for the purposes for which the data were retained, that member may request the service provider to disclose the data to the member.

(3) If an officer of the Permanent Defence Force not below the rank of colonel is satisfied that access to any data retained by a service provider in accordance with section 63 (5) is required for the purpose of safeguarding the security of the State, that officer may request the service provider to disclose the data to the officer.

(4) A disclosure request must be made in writing, but in cases of exceptional urgency the request may be made orally (whether by telephone or otherwise) by a person entitled under subsection (2) or (3) to make the request.

(5) A person who makes a disclosure request orally must confirm the request in writing to the service provider within 24 hours.

(6) A service provider shall comply with a disclosure request made to the service provider.

(7) Where all or part of the period specified in a data retention request coincides with the period during which any of the data specified in the request may, in accordance with law, be processed for purposes other than those specified in the request, this section does not prevent that data from being processed for those other purposes.