|
|
Retention of traffic and location data relating to communications by phone.
|
63.—(1) Subject to subsections (2) and (4), the Garda Commissioner may request a service provider to retain, for a period of 3 years, traffic data or location data or both for the purposes of—
|
|
| |
(a) the prevention, detection, investigation or prosecution of crime (including but not limited to terrorist offences), or
|
|
| |
(b) the safeguarding of the security of the State.
|
|
| |
(2) The data retention request must be made in writing.
|
|
| |
(3) Traffic data and location data that are in the possession of a service provider on the passing of this Act and that were retained by the service provider for the purposes specified in subsection (1) are deemed to have been the subject of a data retention request, but only if the 3 year retention period for the data has not elapsed before the passing of this Act.
|
|
| |
(4) For the purposes of this Part, the 3 year retention period begins—
|
|
| |
(a) in the case of traffic data or location data referred to in subsection (3), on the date before the passing of this Act on which the data were first processed by the service provider, or
|
|
| |
(b) in the case of any other traffic data or location data, on the date on or after the passing of this Act on which the data were first so processed.
|
|
| |
(5) Notwithstanding any other enactment or instrument, a service provider shall retain, for the purposes and the period specified in subsection (1), the data specified in a data retention request made to the provider.
|
|
| |
(6) Nothing in this section shall be taken as requiring a service provider to retain aggregated data or data that have been made anonymous.
|
