IE
(LRC Revised)
Statutory Text (1 Articles)
Number 3 of 2011
COMMUNICATIONS (RETENTION OF DATA) ACT 2011
REVISED
Updated to 2 April 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Communications (Retention of Data) Act 2011
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Merchant Shipping (Investigation of Marine Accidents) Act 2025
(2/2025), enacted 14 April 2025, and all statutory instruments up to and
including the
Policing, Security and Community Safety Act 2024 (Commencement) Order 2025
(S.I. No. 107 of 2025), made 2 April 2025, were considered in the
preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
3
of
2011
COMMUNICATIONS (RETENTION OF DATA) ACT 2011
REVISED
Updated to 2 April 2025
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Non-application of Act.
3. Obligation to
retain user data.
3A. Obligation to retain Schedule 2 data.
3B. Obligation to retain internet source data.
4. Data security.
5. Access to data.
6. Requirement to
disclose user data.
6A.
Authorisation to require disclosure of Schedule 2 data.
6B.
Authorisation to require disclosure of Schedule 2 data in case of urgency.
6C.
Authorisation to require disclosure of internet source data.
6D.
Authorisation to require disclosure of internet source data in case of
urgency.
6E. Requirement
to disclose cell site location data in case of urgency.
6F. Requirement
to disclose Schedule 2 data, internet source data or cell site location data.
7. Service provider
to comply with disclosure request.
(Repealed)
7A. Preservation order in respect of certain Schedule 2 data.
7B. Temporary Preservation Order in respect of certain Schedule 2 data in case of
urgency.
7C. Production order in respect of certain Schedule 2 data.
7D. Temporary Production Order in respect of certain Schedule 2 data in case of urgency.
8. Processing for other purpose.
9. Statistics.
10. Complaints procedure.
11. Amendment of section 8 (Review of operation of Act by judge of High Court) of
Act of 1993.
12. Duties of designated judge in relation to this Act.
12A. Offences.
12B. Amendment of Schedule 2.
12C. Guidelines.
12D. Retention of data.
12E. Criteria for specification of geographic area.
12F. Regulations.
12G. Notification of data subject.
12H. Service of documents.
12I. Processing of personal data.
12J. Provisions relating to authorising judge.
13. Repeal.
13A.
Transitional provision.
14. Short title.
SCHEDULE 1
Offences Deemed to be Serious Offences
SCHEDULE 2
PART 1
Fixed network telephony and mobile telephony data to be retained under section 3
PART 2
Internet access, Internet e-mail and Internet telephony data to be retained under
section 3
Acts Referred to
Criminal Assets Bureau Act 1996
1996, No. 31
Criminal Evidence Act 1992
1992, No. 12
Criminal Justice (Terrorist Offences) Act 2005
2005, No. 2
Customs Consolidation Act 1876
39 & 40, Vict. Ch. 36
Data Protection Act 1988
1988, No. 25
Data Protection Acts 1988 and 2003
Finance Act 1999
1999, No. 2
Finance Act 2001
2001, No. 7
Finance Act 2003
2003, No. 3
Finance Act 2005
2005, No. 5
Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993
1993, No. 10
Non-Fatal Offences against the Person Act 1997
1997, No. 26
Prevention of Corruption Acts 1889 to 1995
Protections for Persons Reporting Child Abuse Act 1998
1998, No. 49
Taxes Consolidation Act 1997
1997, No. 39
Number
3
of
2011
COMMUNICATIONS (RETENTION OF DATA) ACT 2011
REVISED
Updated to 2 April 2025
AN ACT TO GIVE EFFECT TO DIRECTIVE NO. 2006/24/EC OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL OF 15 MARCH 2006
1
ON THE RETENTION OF DATA GENERATED OR PROCESSED IN CONNECTION WITH THE PROVISION
OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES OR OF PUBLIC COMMUNICATIONS
NETWORKS AND AMENDING DIRECTIVE 2002/58/EC
2
, TO PROVIDE FOR THE RETENTION OF AND ACCESS TO CERTAIN DATA FOR THE PURPOSES OF THE
PREVENTION OF SERIOUS OFFENCES, THE SAFEGUARDING OF THE SECURITY OF THE STATE AND
THE SAVING OF HUMAN LIFE, TO REPEAL PART 7 OF THE
CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005
, TO AMEND THE
INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993
AND TO PROVIDE FOR RELATED MATTERS.
[26
th January
, 2011]
BE IT ENACTED BY THE OIREACHTAS
AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Records under Act excluded from application of
Freedom of Information Act
(30/2014) (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 42(b)(x), commenced as per s. 1(2).
Restriction of Act
42.
—This Act does not apply to— ...
(b) a record held or created by the Garda Síochána that relates to any of the following: ...
(x) the Communications
(Retention of Data) Act 2011,
...
Annotations
Modifications (not altering text)
C1
Records under Act excluded from application of
Freedom of Information Act
(30/2014) (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 42(b)(x), commenced as per s. 1(2).
Restriction of Act
42.
—This Act does not apply to— ...
(b) a record held or created by the Garda Síochána that relates to any of the following: ...
(x) the Communications
(Retention of Data) Act 2011,
...
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Non-application of Act.
3. Obligation to
retain user data.
3A. Obligation to retain Schedule 2 data.
3B. Obligation to retain internet source data.
4. Data security.
5. Access to data.
6. Requirement to
disclose user data.
6A.
Authorisation to require disclosure of Schedule 2 data.
6B.
Authorisation to require disclosure of Schedule 2 data in case of urgency.
6C.
Authorisation to require disclosure of internet source data.
6D.
Authorisation to require disclosure of internet source data in case of
urgency.
6E. Requirement
to disclose cell site location data in case of urgency.
6F. Requirement
to disclose Schedule 2 data, internet source data or cell site location data.
7. Service provider
to comply with disclosure request.
(Repealed)
7A. Preservation order in respect of certain Schedule 2 data.
7B. Temporary Preservation Order in respect of certain Schedule 2 data in case of
urgency.
7C. Production order in respect of certain Schedule 2 data.
7D. Temporary Production Order in respect of certain Schedule 2 data in case of urgency.
8. Processing for other purpose.
9. Statistics.
10. Complaints procedure.
11. Amendment of section 8 (Review of operation of Act by judge of High Court) of
Act of 1993.
12. Duties of designated judge in relation to this Act.
12A. Offences.
12B. Amendment of Schedule 2.
12C. Guidelines.
12D. Retention of data.
12E. Criteria for specification of geographic area.
12F. Regulations.
12G. Notification of data subject.
12H. Service of documents.
12I. Processing of personal data.
12J. Provisions relating to authorising judge.
13. Repeal.
13A.
Transitional provision.
14. Short title.
SCHEDULE 1
Offences Deemed to be Serious Offences
SCHEDULE 2
PART 1
Fixed network telephony and mobile telephony data to be retained under section 3
PART 2
Internet access, Internet e-mail and Internet telephony data to be retained under
section 3
Number
3
of
2011