The Communications (Retention of Data) (Amendment) Act 2022 reforms Ireland’s data-retention framework to ensure compliance with EU and constitutional law following court judgments on privacy and proportionality. It introduces stricter safeguards, judicial oversight and differentiated retention regimes, while preserving the ability of authorities to access communications metadata for serious crime and national security purposes.
The Amendment Act updates the Communications (Retention of Data) Act 2011 to address legal concerns identified by the CJEU and Irish courts. It recalibrates the balance between law-enforcement needs and fundamental rights by limiting retention to defined circumstances, strengthening authorisation processes, and enhancing transparency and oversight. The Act primarily affects communications service providers and organisations handling lawful access requests.
Benefits of compliance:
