Applications by gardaí for access to mobile phone data to prevent, detect, investigate or prosecute serious offences have not been processed since the High Court's decision in the case of Graham Dwyer, the court was told today.
Dwyer won his legal action against the Garda Commissioner and the State earlier this month over the retention and accessing of data from mobile phones.
The High Court found Irish legislation was incompatible with EU law and the European Convention on Human Rights because the retention was general and indiscriminate and there was no prior review by an independent body before it could be accessed.
Such data was an important part of the prosecution case in Dwyer's conviction almost four years ago for the 2012 murder of Elaine O'Hara.
It is likely the ruling by Mr Justice Tony O'Connor will be appealed, but the State has not yet announced its position on the issue.
The case will be back before the court on 11 January when a number of matters will be dealt with, including a possible appeal.
Senior Counsel Brian Murray said the State wanted to make submissions on the terms of the orders that the court would make.
Mr Justice O'Connor's ruling refers solely to mobile phone data retained and required for the prevention, detection, investigation or prosecution of a serious offence.
Mr Murray said the State would be submitting that the terms of any orders should deal with that provision alone.
He said the retention and accessing of data for the other purposes set down in the legislation - the safeguarding of the security of the State and the saving of human life, were not affected by the judgment.
Mr Murray said he would address the court on 11 January in relation to seeking a stay on the judge's orders pending a possible appeal.