Garda Síochána (Recording Devices) Act 2023

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Interpretation

2. In this Act—

“Act of 2005” means the Garda Síochána Act 2005 ;

“Act of 2009” means the Criminal Justice (Surveillance) Act 2009 ;

“Act of 2018” means the Data Protection Act 2018 ;

“ANPR” means the system or technology commonly known as automatic number plate recognition;

“body-worn camera” means a recording device affixed to or contained in—

(a) clothing,

(b) a uniform, or

(c) headgear (including a helmet);

“CCTV” means a closed circuit television system of one or more recording devices and includes any system for processing the images, any accompanying sounds, or other information obtained by those recording devices;

“code of practice” means a code of practice approved by the Minister by order under Part 8 and includes part of a code of practice;

“data protection impact assessment” means a data protection impact assessment conducted in accordance with section 84 of the Act of 2018;

“document” means—

(a) a book, record or other written or printed material,

(b) a photograph,

(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and

(d) any audio or video recording;

“member of Garda personnel” means—

(a) a member of the Garda Síochána, or

(b) a member of the civilian staff of the Garda Síochána who was appointed under, or designated by order under, section 19 of the Act of 2005;

“member of the Garda Síochána” means a member within the meaning of section 3(1) of the Act of 2005;

“Minister” means the Minister for Justice;

“personal data” means information relating to—

(a) an identified living individual, or

(b) a living individual who can be identified from the data, directly or indirectly, in particular by reference to—

(i) an identifier such as a name, an identification number, location data or an online identifier, or

(ii) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual;

“processing”, of or in relation to data (including personal data), means an operation or a set of operations that is performed on the data or on sets of the data, whether or not by automated means, including—

(a) the collection, recording, organisation, structuring or storage of the data,

(b) the adaptation or alteration of the data,

(c) the retrieval, consultation or use of the data,

(d) the disclosure of the data by their transmission, dissemination or otherwise making the data available,

(e) the alignment or combination of the data, or

(f) the restriction, erasure or destruction of the data;

“public place” means a place to which the public have or are permitted access, whether as of right or by express or implied permission and whether subject to or free of charge;

“recording device”—

(a) means a device or system that is capable of creating a record in any medium from which visual images (including moving visual images) or sounds, or both, may, by any means, be reproduced,

(b) includes any devices or systems that are capable of processing the record made under paragraph (a), which may include—

(i) reproducing by any means the visual images (including moving visual images) or sounds concerned,

(ii) using ANPR in respect of the record, or

(iii) producing a document relating to the record or the processing concerned,

and

(c) includes any device or system referred to in paragraph (a) or (b) that is in or affixed to a vehicle or a structure;

“structure” means any building, erection, structure or other thing constructed, erected, or made on, in or under any land, or any part of a structure so defined;

“vehicle” means any means in or by which any person or thing, or both, is transported or conveyed that is designed for use or may be used on land, in water or in the air, or in more than one of those ways, and includes an unmanned aerial vehicle.