The Minister for Justice, Helen McEntee, has secured a High Court order mandating that communications service providers retain certain types of data for a further 12 months. This data includes user, traffic, and location data, which are considered essential for safeguarding the security of the State.

The application for the order was made under section 3A of the Communications (Retention of Data) Act 2011. This legal framework governs the retention and access to telecommunications data in Ireland. The application was submitted to a ‘relevant judge’ designated by the President of the High Court on 21st June.

This marks the second such order following an initial retention directive issued in June 2023. This initial order coincided with the amendment of the 2011 Act in 2022 to comply with European Court of Justice rulings.

Under the amended section 3A, general and indiscriminate data retention is permissible solely to protect State security and requires a High Court judge’s order. The Minister for Justice must be convinced of a serious and genuine, present or foreseeable threat to the State’s security to make such an application.

The newly granted order requires service providers to retain user, traffic, and location data—collectively known as “Schedule 2 data”—from 26 June 2024 for a duration of 12 months. Before making the application, Minister McEntee evaluated the threat to national security, the necessity and proportionality of the data retention, and its impact on fundamental individual rights. The Garda Commissioner was also consulted.

The application was made on an ex parte basis and heard in camera, as mandated by section 3A(3). The High Court judge can only approve the order if convinced of its necessity and proportionality.

Minister McEntee stated:

“I made an application for an order requiring the retention of data, having assessed the threat to the security of the State and having satisfied myself that there exists a serious and genuine, present or foreseeable threat to the security of the State and that such threat is likely to continue for at least the next 12 months. In doing so I had regard to the necessity and proportionality of the retention of the data concerned and took account of the impact on the fundamental rights of individuals as required.”

Access to the retained data is strictly regulated, requiring judicial authorisation at the District Court level. The section 3A order will be publicised as required by law, including notifications to service providers and a notice in Iris Oifigiúil. The operation of the Act is overseen by a Designated High Court Judge who reports annually to the Taoiseach.