AI Summary of 6B. Authorisation to require disclosure of Schedule 2 data in case of urgency.
This section outlines the framework for authorisations permitting members of the Garda Síochána and the Permanent Defence Force to access Schedule 2 data under specific conditions. Officers of certain ranks may apply for authorisation when there are reasonable grounds to believe that the data may soon be destroyed or compromise state security. A superior officer is mandated to ensure that any authorisation issued is both necessary and proportionate.
Subsequent to issuing an authorisation, there are stringent reporting and affirmation requirements, ensuring oversight within a tight timeframe. Notably, the provisions include safeguards against conflicts of interest and establish a maximum duration for such authorisations, enhancing regulatory compliance and accountability.
6B. Authorisation to require disclosure of Schedule 2 data in case of urgency.
(1) Subject to subsection (13), a member of the Garda Síochána not below the rank of inspector may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that -
(a) paragraph (a) or (b) of section 6A(1) applies to the Schedule 2 data in respect of which the application is made, and
(b) it is likely that, before the Schedule 2 data could be obtained pursuant to an authorisation under section 6A -
(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or
(ii) the security of the State would be compromised.
(2) Subject to subsection (13), a member of the Permanent Defence Force not below the rank of commandant may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that -
(a) paragraph (a) or (b) of section 6A(2) applies to the Schedule 2 data in respect of which the application is made, and