Order requires telecoms firms to retain mobile phone metadata for State security reasons for one year
In a written response on Thursday evening to further media queries about Monday’s application, the department said the order was granted by Mr Justice Alexander Owens under section 3A, which provides such applications shall be made ex parte and shall be heard “otherwise than in public”.
Digital Rights Ireland, in its letter to the Minister last Friday, asked whether the Minister had carried out a data protection impact assessment regarding the retention of the mobile phone data in advance of any such application. The department said Section 84 of the Data Protection Act 2018 sets out the circumstances in which a data controller is required to conduct a data impact assessment.
The department said it notified the 2022 Act to the European Commission’s TRIS process in December 2022, on a ‘without prejudice’ basis, as Ireland was of the view this was not legally required. The provisions of the 2022 Act were enacted in light of the case law of the Court of Justice of the EU , it said.
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