AI Summary of 6. Requirement to disclose user data.
This document outlines the powers of designated officers, including Garda Síochána superintendents and senior officials from various regulatory bodies, to require service providers to disclose user data under specific circumstances. These provisions are activated when there is a reasonable belief that the data pertains to individuals suspected of committing offences or posing a threat to state security.
Requirements for data disclosure must typically be issued in writing, although urgent situations permit verbal requests, necessitating subsequent written confirmation within two days. Service providers are mandated to comply with these requests promptly to ensure timely regulatory and law enforcement action.
6. Requirement to disclose user data.
(1) A member of the Garda Síochána not below the rank of superintendent may require a service provider to disclose to that member user data in the possession or control of the service provider-
(a) where the member believes that the data relate to a person whom the member suspects, on reasonable grounds of-
(i) having committed an offence, or
(ii) presenting an actual or potential threat to the security of the State,
or
(b) where the member has reasonable grounds for believing that the data are otherwise required for the purpose of-
(i) preventing, detecting, investigating or prosecuting offences,
(ii) safeguarding the security of the State,
(iii) protecting the life or personal safety of a person, in circumstances where the member believes that there is a serious risk to the life or personal safety of the person, or
(iv) determining the whereabouts of a missing person.
(2) A member of the Permanent Defence Force not below the rank of lieutenant colonel may require a service provider to disclose to that member user data in the possession or control of the service provider-