Communications (Retention of Data) (Amendment) Act 2022

Miscellaneous amendments of Principal Act

10. (1) Section 4(1) of the Principal Act is amended:

(a) by the substitution of “section 3(1), 3A(5), 3B(1), 7A(11) or 7B(10) ” for “section 3(1) ”, and

(b) by the substitution of the following paragraph for paragraph (d) :

“(d) the data, except those that have been accessed and preserved, shall be destroyed by the service provider in such manner, and within such period (which shall not exceed 2 years and one month) as may be prescribed.”.

(2) Section 5(b) of the Principal Act is amended by the substitution of “disclosure requirement” for “disclosure request”.

(3) The Principal Act is amended by the deletion of section 7.

(4) Section 9 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “disclosure requirements made by a member of the Garda Síochána under section 6(1), 6F(1), 7C(1) or 7D(1) ” for “disclosure requests made under section 6(1) ”,

(b) in subsection (2), by the substitution of “disclosure requirements made under section 6(2), 6F(1), 7C(2) or 7D(2) ” for “disclosure requests made under section 6(2)”,

(c) in subsection (3), by the substitution of “disclosure requirements made under section 6(3), 6F(1), 7C(6) or 7D(6) ” for “disclosure requests made under section 6(3)”,

(d) in subsection (3A), by the substitution of “disclosure requirements made under section 6(4), 6F(1), 7C(7) or 7D(7) ” for “disclosure requests made under section 6(3A)”, and

(e) in subsection (5) by the substitution of “disclosure requirement” for “disclosure request” in each place in which it occurs.

(5) Section 10 of the Principal Act is amended—

(a) by the substitution of “disclosure requirement” for “disclosure request” in each place in which it occurs,

(b) in subsection (1), by the substitution of “section 6, 6A, 6B, 6C, 6D, 6E, 6F, 7C or 7D” for “section 6”,

(c) in subsection (3), by the substitution of “section 6, 6A, 6B, 6C, 6D, 6E, 6F, 7C or 7D” for “section 6”, and

(d) in subsection (4), by the substitution of “section 6, 6A, 6B, 6C, 6D, 6E, 6F, 7C or 7D” for “section 6”.

(6) Section 12 of the Principal Act is amended by the substitution of “disclosure requirement” for “disclosure request” in each place in which it occurs.