(1) The Minister may, where he or she is satisfied that there exists a serious and genuine, present or foreseeable threat to the security of the State, make, in accordance with this section, an application to a relevant judge for an order under this section.
(2) Before making an application under subsection (1), the Minister shall assess the threat to the security of the State and, in doing so shall have regard to the necessity and proportionality of the retention of Schedule 2 data pursuant to an order under this section, taking into account the impact of such retention on the fundamental rights of individuals.
(3) An application under subsection (1) shall -
(a) be made ex parte,
(b) be upon information on oath specifying the grounds on which the order is sought, which information shall include the assessment under subsection (2) concerned,
(c) specify the period of time for which retention of Schedule 2 data by service providers is, in the view of the Minister, having regard to his o
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