By way of further clarification, the 2022 Act applies to fixed network telephony data, mobile telephony data, Internet access data, Internet e-mail data and Internet Telephony data.
However, the 2022 Act does not apply to the content of communications transmitted by means of fixed network telephony, mobile telephony, internet access, internet e-mail or Internet telephony.
Communications (Retention of Data) (Amendment) Act 2022 ("the 2022 Act")
The 2022 Act has been approved by the Irish parliament (Oireachtas) but has not been legally implemented via Ministerial order. Therefore the legislation is not, as of yet, in operation in Ireland.
The Communications (Retention of Data) (Amendment) Act 2022 ["the 2022 Act"] involves an amendment of the existing Communications (Retention of Data) Act 2011 ["the Principal Act"]. The 2022 Act has been approved by the Irish parliament (Oireachtas) in July 2022 but has not, as of yet, been legally commenced and implemented by way of a Ministerial order.
The purpose of the 2022 Act is to amend the Principal Act to ensure compliance with a ruling of the Court of Justice of the European Union in the area of data retention. Accordingly, the position of Ireland is that the 2022 Act is exempt from the notification requirements under the Technical Records Information System (TRIS) under Article 7(1)(e) of Directive 2015/1535. This states that the notification requirements of the Directive do not apply to technical regulations which "restrict themselves to implementing a judgment of the Court of Justice of the
Notwithstanding Ireland's clear legal position in this regard, Ireland is making a TRIS notification in respect of the 2022 Act on a strictly precautionary and without prejudice basis.