http://www.irishstatutebook.ie/pdf/2011/en.act.2011.0003.pdf
Above is link to Communications (Retention of Data ) Act 2011
I have been charged with holding mobile phone while driving – which I was not doing – the Garda has made a mistake. I have exhausted all Garda channels to get this charge cancelled – to no avail. I have decided to go to court to plead my innocence – matter of principle for me.
As court evidence, I sought from eMobile that there was no outgoing or incoming activity on my phone between 4 pm & 5 pm on 15/07/2014. I spoke to a very senior manager in eMobile. He has no problem confirming no outgoing activity, but he says the above act prevents him from confirming no incoming activity. He admits that Section 5 (a) Page 6, allows him to access my incoming data, without a Court Order, but he says Section 6 Page 6, prevents him from disclosing the outcome to me, without a Court Order. He says all phone companies have got expert legal advice on this & they all have the same policy – that Section 6 prevents them from disclosing incoming info to A/C holder, without a Court Order. He says the Act is absurd & needs to be amended, but they are stuck with it.
As a non legal person, I cannot see how the legal experts get this interpretation from Section 6. Section 5 sets out the circumstances, where access is allowed. Section 5 (b) allows access following a “Disclosure Request”. Section 6, then goes on to set out, who can make a Disclosure Request. I cannot see any linkage between Section 5 (a) and Section 6.
Has anyone else come across this problem. Any views on options, apart from getting a Court Order.