Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993

Amendment of Act of 1983.

13.—(1) The reference in subsection (2) of section 98 of the Act of 1983 to subsection (1) of that section shall be deemed to include a reference to section 45 of the Telegraph Act, 1863, the second paragraph of section 11 of the Post Office (Protection) Act, 1884 , and subsection (5) (inserted by subsection (3) of this section) of the said section 98.

(2) The following subsections are hereby inserted after subsection (2) of section 98 of the Act of 1983:

“(2A) A person employed by the company who discloses to any person any information concerning the use made of telecommunications services provided for any other person by the company shall be guilty of an offence unless the disclosure is made—

(a) at the request or with the consent of that other person,

(b) for the prevention or detection of crime or for the purpose of any criminal proceedings,

(c) in the interests of the security of the State,

(d) in pursuance of an order of a court,

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

(f) to another person to whom he is required, in the course of his duty as such employee, to make such disclosure.

(2B) A request by a member of the Garda Síochána to a person employed by the company to make a disclosure in accordance with the provisions of subsection (2A) shall be in writing and be signed by a member of the Garda Síochána not below the rank of chief superintendent.

(2C) A request by an officer of the Defence Forces to a person employed by the company to make a disclosure in accordance with the provisions of subsection (2A) shall be in writing and be signed by an officer of the Permanent Defence Force who holds an army rank not below that of colonel.”.

(3) The following subsections are hereby substituted for subsection (5) of the said section 98:

“(5) A person who discloses the existence, substance or purport of a telecommunications message that was transmitted by the Minister before the vesting day and intercepted or who uses for any purpose any information obtained from any such message shall be guilty of an offence.

(6) In this section ‘intercept’ means listen to, or record by any means, in the course of its transmission, a telecommunications message but does not include such listening or recording where either the person on whose behalf the message is transmitted or the person intended to receive the message has consented to the listening or recording, and cognate words shall be construed accordingly.”.