Garda chief asks mobile phone firm to retain web-browsing data

DETAILED INFORMATION on the web pages people view will be retained for possible future criminal investigations if telecommunications operators comply with a letter from the Garda Commissioner.

The request for real-time web-browsing information - the content or the web address (URL) of every web page browsed by users of mobile handsets, palmtop devices or 3G modems - goes beyond the European Union's data retention directive, which the Government intends to implement as a statutory instrument.

Such a measure would cover the content of web-based email. "The directive does not pertain to the retention of content, and this would be very concerning," said Deputy Data Protection Commissioner Gary Davis.

Industry sources confirmed last night that Vodafone - the largest mobile service provider in the State - had received a letter from the Garda Commissioner.

The Irish Times understands that the chief executives of O2 and 3 Ireland have not yet received the letters requesting the subscribers' browsing history to be retained, although the Garda Commissioner is believed to want to make retention of internet data a requirement for all mobile broadband providers.

Industry sources indicated that Vodafone has met Garda representatives to discuss the letter. Vodafone executives are believed to have questioned the legal basis under which it could retain this data.

Representatives of Vodafone, O2 and 3 discussed the letter at a meeting with Mr Davis yesterday. The meeting had been called to discuss a separate undisclosed telecoms regulation matter

It is understood the request for the web content is based on an appeal to telecommunications operators to act as "good citizens" and aid criminal investigations if asked to do so.

Ireland's draft statutory instrument, which must bring in the EU directive in full, allows for the retention of traffic information relating to phone and mobile calls - already retained in Ireland under legislation passed in 2006 - and also introduces new requirements for the retention of internet data. However, the content of calls or e-mails, or details on webpages browsed, is excluded from the directive and its disclosure would conflict with existing European data protection legislation.