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Insertion of sections 6A to 6F in Principal Act
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6. The Principal Act is amended by the insertion of the following section after section 6A:
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“Authorisation to require disclosure of Schedule 2 data
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6A. (1) A member of the Garda Síochána not below the rank of inspector may apply to an authorising judge for an authorisation under this section where the member is of the belief that the Schedule 2 data in respect of which the application is made—
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(a) relate to a person whom the member suspects, upon reasonable grounds, of presenting an actual or potential threat to the security of the State, or
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(b) are otherwise required for the purpose of safeguarding the security of the State.
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(2) A member of the Permanent Defence Force not below the rank of commandant may apply to an authorising judge for an authorisation under this section where the member is of the belief that the Schedule 2 data in respect of which the application is made—
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(a) relate to a person whom the member suspects, upon reasonable grounds, of presenting an actual or potential threat to the security of the State, or
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(b) are otherwise required for the purpose of safeguarding the security of the State.
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(3) An application for an authorisation under this section shall—
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(a) be made ex parte,
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(b) be upon information on oath, specifying the grounds on which the order is sought,
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(c) specify, by reference to the criteria specified in subsection (6), the terms of the authorisation sought, and
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(d) be heard otherwise than in public.
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(4) An authorising judge, as respects an application for an authorisation under this section, may issue an authorisation only if satisfied that—
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(a) paragraph (a) or (b) of subsection (1) or, as the case may be, subsection (2), applies in respect of the application, and
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(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made.
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(5) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to that applicant Schedule 2 data in the service provider’s possession or control—
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(a) of such class or classes as are specified in the authorisation, and
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(b) subject to such conditions and directions as may be specified in the authorisation.
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(6) For the purposes of subsection (5)(a), an authorising judge may specify a class or classes of Schedule 2 data by reference to one or more of the following:
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(a) a particular location or locations;
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(b) a particular geographical area or areas;
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(c) a particular period of time;
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(d) a particular means of communication;
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(e) a particular person or particular persons;
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(f) such other matter or feature as the authorising judge considers appropriate.
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(7) This section shall apply to Schedule 2 data irrespective of whether an order under section 3A is in effect in relation to such data.
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Authorisation to require disclosure of Schedule 2 data in case of urgency
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6B. (1) Subject to subsection (13), a member of the Garda Síochána not below the rank of inspector may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that—
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(a) paragraph (a) or (b) of section 6A(1) applies to the Schedule 2 data in respect of which the application is made, and
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(b) it is likely that, before the Schedule 2 data could be obtained pursuant to an authorisation under section 6A—
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(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or
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(ii) the security of the State would be compromised.
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(2) Subject to subsection (13), a member of the Permanent Defence Force not below the rank of commandant may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that—
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(a) paragraph (a) or (b) of section 6A(2) applies to the Schedule 2 data in respect of which the application is made, and
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(b) it is likely that, before the Schedule 2 data could be obtained pursuant to an authorisation under section 6A—
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(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or
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(ii) the security of the State would be likely to be compromised.
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(3) A superior officer to whom an application under subsection (1) or (2) is made shall issue an authorisation under this section only if satisfied that—
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(a) paragraphs (a) and (b) of the subsection concerned apply in respect of the Schedule 2 data concerned, and
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(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made.
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(4) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to the applicant Schedule 2 data—
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(a) of such class or classes as are specified in the authorisation and in the service provider’s possession or control, and
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(b) subject to such conditions and directions as may be specified in the authorisation.
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(5) For the purposes of subsection (4)(a), a superior officer may specify a class or classes of Schedule 2 data by reference to one or more of the following:
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(a) a particular location or locations;
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(b) a particular geographical area or areas;
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(c) a particular period of time;
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(d) a particular means of communication;
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(e) a particular person or particular persons;
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(f) such other matter or feature as the superior officer considers appropriate.
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(6) A superior officer shall, not later than 8 hours after he or she issues an authorisation under this section, prepare a record in writing, in such form as may be prescribed, of the authorisation.
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(7) (a) A superior officer shall, not later than 7 days after he or she issues an authorisation under this section, prepare a report in relation to the issuing of the authorisation.
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(b) The record prepared in accordance with subsection (6) in relation to an authorisation shall be included in the report prepared under this section in relation to that authorisation.
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(8) A report prepared under subsection (7) shall:
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(a) in relation to an authorisation issued pursuant to an application under subsection (1), be submitted by the superior officer concerned to a member of the Garda Síochána not below the rank of chief superintendent;
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(b) in relation to an authorisation issued pursuant to an application under subsection (2), be submitted by the superior officer concerned to a member of the Permanent Defence Force not below the rank of colonel.
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(9) A superior officer shall, as soon as possible and, in any event, not later than 72 hours after he or she issues an authorisation under this section, apply to an authorising judge for affirmation of the authorisation.
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(10) An application under subsection (9) for affirmation of an authorisation shall—
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(a) be made ex parte, and
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(b) be upon information on oath, specifying the grounds on which the authorisation was issued.
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(11) An authorising judge, on hearing an application under subsection (9), shall consider whether the authorisation was necessary for, and proportionate to, the purposes for which it was issued and may—
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(a) affirm,
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(b) vary, or
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(c) revoke,
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the authorisation.
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(12) An authorising judge who revokes, under subsection (11)(c), an authorisation, may, where he or she considers it reasonable to do so, apply to the referee referred to in section 10 to conduct an investigation under that section in relation to the matter.
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(13) An application for an authorisation under this section shall not be made to a superior officer who has had any involvement in the investigation, detection or prevention of a threat or apprehended threat to the security of the State that occasioned the making of the application and, accordingly, such a superior officer shall not consider such an application or issue an authorisation upon such an application.
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(14) Subject to subsection (15), an authorisation under this section shall cease to have effect upon the expiration of 72 hours from the issue of the authorisation, or such shorter period as the superior officer may specify in the authorisation.
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(15) Where, due to exceptional circumstances that are beyond his or her control, a superior officer is unable to make an application under subsection (9) within the period specified in that subsection, he or she—
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(a) may extend the period during which the authorisation concerned shall have effect by such further period as he or she considers necessary for, and proportionate to, the purposes for which the authorisation was issued, provided that the total period during which an authorisation to which this subsection applies shall have effect shall not exceed 96 hours from the issue of the authorisation, and
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(b) where he or she extends under paragraph (a) the period during which the authorisation shall have effect, shall make an application under subsection (10) before the authorisation ceases to have effect.
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(16) This section shall apply to Schedule 2 data irrespective of whether an order under section 3A is in effect in relation to such data.
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Authorisation to require disclosure of internet source data
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6C. (1) A member of the Garda Síochána not below the rank of inspector may apply to an authorising judge for an authorisation under this section where the member is of the belief that the internet source data in respect of which the application is made—
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(a) relate to a person whom the member suspects, on reasonable grounds of—
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(i) having committed a serious offence, or
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(ii) presenting an actual or potential threat to the security of the State,
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or
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(b) are otherwise required to be preserved for the purpose of—
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(i) preventing, detecting, investigating or prosecuting a serious offence,
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(ii) safeguarding the security of the State,
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(iii) 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
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(iv) determining the whereabouts of a missing person.
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(2) A member of the Permanent Defence Force not below the rank of commandant may apply to an authorising judge for an authorisation under this section where the member is of the belief that the internet source data in respect of which the application is made—
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(a) relate to a person whom the member suspects, upon reasonable grounds, of presenting an actual or potential threat to the security of the State, or
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(b) are otherwise required for the purpose of safeguarding the security of the State.
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(3) An officer of the Revenue Commissioners not below the rank of assistant principal officer may apply to an authorising judge for an authorisation under this section where the officer is of the belief that the internet source data in respect of which the application is made—
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(a) relate to a person whom the officer suspects, on reasonable grounds, of having committed a revenue offence, or
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(b) are otherwise required to be preserved for the purpose of preventing, detecting, investigating or prosecuting a revenue offence.
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(4) An officer of the Competition and Consumer Protection Commission not below the rank of assistant principal officer may apply to an authorising judge for an authorisation under this section where the officer is of the belief that the internet source data in respect of which the application is made—
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(a) relate to a person whom the officer suspects, on reasonable grounds, of having committed a competition offence, or
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(b) are otherwise required to be preserved for the purpose of preventing, detecting, investigating or prosecuting a competition offence.
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(5) An application for an authorisation under this section shall—
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(a) be made ex parte,
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(b) be upon information on oath, specifying the grounds on which the authorisation is sought,
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(c) specify, by reference to the criteria specified in subsection (8), the terms of the authorisation sought, and
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(d) be heard otherwise than in public.
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(6) An authorising judge, as respects an application for an authorisation under this section, may issue an authorisation only if satisfied that—
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(a) paragraph (a) or (b) of subsections (1), (2), (3) or (4), as the case may be, applies in respect of the application, and
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(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application was made.
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(7) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to that applicant internet source data in the service provider’s possession or control—
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(a) of such class or classes as are specified in the authorisation, and
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(b) subject to such conditions and directions as may be specified in the authorisation.
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(8) For the purposes of subsection (7)(a), an authorising judge may specify a class of internet source data by reference to any one or more of the following:
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(a) a particular location or locations;
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(b) a particular geographical area or areas;
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(c) a particular period or particular periods of time;
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(d) a particular means of communication;
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(e) a particular person or particular persons;
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(f) such other matter as the authorising judge considers appropriate.
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Authorisation to require disclosure of internet source data in case of urgency
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6D. (1) Subject to subsection (15), a member of the Garda Síochána not below the rank of inspector may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that—
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(a) paragraph (a) or (b) of section 6C(1) apply to the internet source data in respect of which the application is made, and
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(b) it is likely that, before the internet source data could be obtained pursuant to an authorisation under section 6C—
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(i) the data would be wholly or partly destroyed or otherwise rendered unavailable,
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(ii) the achievement of an objective specified in section 6C(1)(b) would be impeded, or
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(iii) the security of the State would be compromised.
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(2) Subject to subsection (15), a member of the Permanent Defence Force not below the rank of commandant may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that—
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(a) paragraph (a) or (b) of section 6C(2) apply to the internet source data in respect of which the application is made, and
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(b) it is likely that, before the internet source data could be obtained pursuant to an authorisation under section 6C—
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(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or
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(ii) the security of the State would be compromised.
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(3) Subject to subsection (15), an officer of the Revenue Commissioners not below the rank of assistant principal officer may apply to a superior officer for an authorisation under this section where the officer believes on reasonable grounds that—
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(a) paragraph (a) or (b) of section 6C(3) applies to the internet source data in respect of which the application is made, and
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(b) it is likely that, before the internet source data could be obtained pursuant to an authorisation under section 6C—
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(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or
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(ii) the prevention, detection, investigation or prosecution of a revenue offence would be impeded.
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(4) Subject to subsection (15), an officer of the Competition and Consumer Protection Commission not below the rank of assistant principal officer may apply to a superior officer for an authorisation under this section where the officer believes on reasonable grounds that—
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(a) paragraph (a) or (b) of section 6C(4) apply to the internet source data in respect of which the application is made, and
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(b) it is likely that, before the internet source data could be obtained pursuant to an authorisation under section 6C—
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(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or
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(ii) the prevention, detection, investigation or prosecution of a competition offence would be impeded.
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(5) A superior officer to whom an application under subsection (1), (2), (3) or (4) is made shall issue an authorisation under this section only if satisfied that—
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(a) paragraphs (a) and (b) of the subsection concerned apply in respect of the internet source data concerned, and
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(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made.
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(6) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to the applicant internet source data—
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(a) of such class or classes as are specified in the authorisation and in the service provider’s possession or control, and
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(b) subject to such conditions and directions as may be specified in the authorisation.
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(7) For the purposes of subsection (6)(a), a superior officer may specify a class or classes of internet source data by reference to one or more of the following:
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(a) a particular location or locations;
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(b) a particular geographical area or areas;
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(c) a particular period of time;
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(d) a particular means of communication;
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(e) a particular person or particular persons;
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(f) such other matter or feature as the superior officer considers appropriate.
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(8) A superior officer shall, not later than 8 hours after he or she issues an authorisation under this section, prepare a record in writing, in such form as may be prescribed, of the authorisation.
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(9) (a) A superior officer shall, not later than 7 days after he or she issues an authorisation under this section, prepare a report in relation to the issuing of the authorisation.
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(b) The record prepared in accordance with subsection (8) in relation to an authorisation shall be included in the report prepared under this section in relation to that authorisation.
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(10) A report prepared under subsection (9) shall:
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(a) in relation to an authorisation issued pursuant to an application under subsection (1), be submitted by the superior officer concerned to a member of the Garda Síochána not below the rank of chief superintendent;
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(b) in relation to an authorisation issued pursuant to an application under subsection (2), be submitted by the superior officer concerned to a member of the Permanent Defence Force not below the rank of colonel;
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(c) in relation to an authorisation issued pursuant to an application under subsection (3), be submitted by the superior officer concerned to an officer of the Revenue Commissioners not below the rank of assistant secretary general;
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(d) in relation to an authorisation issued pursuant to an application under subsection (4), be submitted by the superior officer concerned to an officer of the Competition and Consumer Protection Commission not below the rank of member of the Commission.
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(11) A superior officer shall, as soon as possible and, in any event, not later than 72 hours after he or she issues an authorisation under this section, apply to an authorising judge for affirmation of the authorisation.
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(12) An application under subsection (11) for affirmation of an authorisation shall—
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(a) be made ex parte, and
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(b) be upon information on oath, specifying the grounds on which the authorisation was issued.
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(13) An authorising judge, on hearing an application under subsection (11), shall consider whether the authorisation was necessary for, and proportionate to, the purposes for which it was issued and may—
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(a) affirm,
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(b) vary, or
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(c) revoke,
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the authorisation.
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(14) An authorising judge who revokes, under subsection (13)(c), an authorisation, may, where he or she considers it reasonable to do so, apply to the referee referred to in section 10 to conduct an investigation under that section in relation to the matter.
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(15) An application for an authorisation under this section shall not be made to a superior officer who has had any involvement in the investigation, detection or prevention of a—
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(a) threat or apprehended threat to the security of the State, or
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(b) serious offence, revenue offence or competition offence,
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that occasioned the making of the application and, accordingly, such a superior officer shall not consider such an application or issue an authorisation upon such an application.
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(16) Subject to subsection (17), an authorisation under this section shall cease to have effect upon the expiration of 72 hours from the issue of the authorisation, or such shorter period as the superior officer may specify in the authorisation.
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(17) Where, due to exceptional circumstances that are beyond his or her control, a superior officer is unable to make an application under subsection (11) within the period specified in that subsection, he or she—
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(a) may extend the period during which the authorisation concerned shall have effect by such further period as he or she considers necessary for, and proportionate to, the purposes for which the authorisation was issued, provided that the total period during which an authorisation to which this subsection applies shall have effect shall not exceed 96 hours from the issue of the authorisation, and
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(b) where he or she extends under paragraph (a) the period during which the authorisation shall have effect, shall make an application under subsection (11) before the authorisation ceases to have effect.
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Requirement to disclose cell site location data in case of urgency
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6E. (1) A member of the Garda Síochána not below the rank of inspector may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that the cell site location data in respect of which the application was made are required for the purpose of—
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(a) 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
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(b) determining the whereabouts of a missing person.
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(2) A superior officer to whom an application under subsection (1) is made shall issue an authorisation under this section only if satisfied that—
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(a) paragraphs (a) or (b) of the subsection applies in respect of the cell site location data concerned, and
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(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made.
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(3) Subsections (6) to (12) and subsections (14) to (16) of section 6B shall apply in respect of an authorisation under this section as they apply in respect of an authorisation under that section.
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(4) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to that applicant cell site location data—
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(a) specified in the authorisation, and
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(b) subject to such conditions and directions as may be specified in the authorisation.
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(5) In this section, ‘cell site location data’ mean data processed by means of an electronic communications network that identifies the most recent geographic location of the device or equipment used by a user when availing of a publicly available electronic communications service.
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Requirement to disclose Schedule 2 data, internet source data or cell site location data
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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 Authority, 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 disclose to the member Schedule 2 data or, as the case may be, internet source data—
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(a) of such class or classes as are specified in the authorisation and in the service provider’s possession or control, and
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(b) subject to such conditions and directions as may be specified in the authorisation.
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(2) A service provider to whom a notice is given under subsection (1) shall comply with the requirement concerned—
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(a) where the disclosure requirement is made pursuant to an authorisation under section 6B, 6D or 6E, without delay, and
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(b) in any other case, as soon as is practicable.
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(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.
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(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.
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(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.”.
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