The Government Chief Whip, Seán Kyne TD, has published the Government’s legislation programme for Summer 2019. The updated programme follows on from the special programme launched in January 2019 which focused on Brexit. We have set out below the key data protection and technology-related legislation coming down the tracks.
- Communications (Retention of Data) Bill – This Bill will repeal and replace the Communications (Retention of Data) Act 2011 which requires data generated by mobile phones to be retained by telecommunications service providers for two years, and allows An Garda Síochána and certain other State agencies to access such data for criminal investigative purposes. The Heads of Bill were published last October 2017, following publication of Mr Justice Murray’s Review of the Law on the Retention of and Access to Communications Data, which found that many features of the 2011 Act are precluded by EU law. The Irish High Court also recently held, in Dwyer v Commissioner of An Garda Siochána  IEHC 685;  IEHC 48, that certain sections of the 2011 act are incompatible with EU law.