VPNs with servers in Ireland

Other traffic and location data (Schedule 2) is kept for twelve months only if a designated High Court judge, on the Minister’s ex parte application, orders it because of a serious and genuine, present or foreseeable threat to the security of the State (section 3A). Preservation orders reach specific data (section 7A).

Contravening the retention duties is an offence carrying, on indictment, a fine of up to €500,000 or five years’ imprisonment. Whether a VPN operator is a service provider under the Act is not established.

Under section 40(5A) of the Copyright and Related Rights Act 2000, the owner of the copyright in a work may apply to the High Court for an injunction against an intermediary to whom Article 8(3) of Directive 2001/29/EC applies. The court must have regard to the rights of those likely to be affected and may direct that a person be notified of the application.

The Prohibition of Incitement to Hatred Act 1989 makes it an offence to publish or distribute written material, or to use words or behaviour outside a private residence, that is threatening, abusive or insulting and intended or likely to stir up hatred on grounds of race, religion, nationality or sexual orientation; the maximum on indictment is two years. The Criminal Justice (Hate Offences) Act 2024 does not repeal it.

The Harassment, Harmful Communications and Related Offences Act 2020 punishes sharing an intimate image without consent with intent or recklessness as to harm (up to seven years on indictment, section 2) and publishing a threatening or grossly offensive communication with intent to cause harm (up to two years, section 4). A Garda superintendent may require a service provider to disclose user data (section 6 of the 2011 Act as substituted).

In Commissioner of An Garda Síochána and Others (C-140/20), decided on 5 April 2022, the Court of Justice held that EU law precludes general and indiscriminate retention of traffic and location data to fight serious crime.

The case reached the Court of Justice from the Supreme Court, on the State’s appeal against a High Court judgment of 6 December 2018 that upheld a convicted person’s challenge to the 2011 Act. The Court also held that a national court may not limit in time the effects of declaring such a law invalid.

The order of the rows is the security score, and a server’s location is not a recommendation.