Communications (Retention of Data) Act 2011


1.— (1) In this Act—

“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 ;

“cell ID” means the identity of the cell from which a mobile telephony call originated or in which it terminated;

“data” means traffic data or location data and the related data necessary to identify the subscriber or user;

“designated judge” means the judge of the High Court designated by the President of the High Court under section 8 of the Act of 1993;

“disclosure request” means a request to a service provider under section 6 for the disclosure of data retained in accordance with section 3 ;

“ Garda Commissioner” means the Commissioner of the Garda Síochána;

“Minister” means the Minister for Justice, Equality and Law Reform;

“processing” has the same meaning as in the Data Protection Act 1988 ;

“Referee” means the holder of the office of Complaints Referee under the Act of 1993;

“revenue offence” means an offence under any of the following provisions that is a serious offence:

(a) section 186 of the Customs Consolidation Act 1876 ;

(b) section 1078 of the Taxes Consolidation Act 1997 ;

(c) section 102 of the Finance Act 1999 ;

(d) section 119 of the Finance Act 2001 ;

(e) section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003 ;

(f) section 78 of the Finance Act 2005 ;

“serious offence” means an offence punishable by imprisonment for a term of 5 years or more, and an offence listed in Schedule 1 is deemed to be a serious offence;

“service provider” means a person who is engaged in the provision of a publicly available electronic communications service or a public communications network by means of fixed line or mobile telephones or the Internet;

“telephone service” means calls (including voice, voicemail, conference and data calls), supplementary services (including call forwarding and call transfer) and messaging and multimedia services (including short message services, enhanced media services and multi-media services);

“unsuccessful call attempt” means a communication where a telephone call or an Internet telephony call has been successfully connected but not answered or there has been a network management intervention;

“user” means a person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to that service;

“ user ID” means a unique identifier allocated to a person when they subscribe to or register with an Internet access service or Internet communications service.

(2) A word or expression used in this Act and also in Directive 2002/58/EC has the same meaning in this Act as in that Directive.