Garda Síochána (Recording Devices) Act 2023
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Application of Act | ||
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4. (1) Nothing in this Act shall affect the validity of a recording or processing, of a type that is governed by a provision of this Act, that is created or carried out, as the case may be, before the coming into operation of the provision. | ||
(2) Nothing in this Act shall render unlawful any action of a member of Garda personnel with respect to data that is not personal data (including obtaining, retaining or processing that data) that would otherwise be lawful. | ||
(3) This Act shall not apply to the following: | ||
(a) the recording by electronic or other similar means under regulations made under section 27 of the Criminal Justice Act 1984 of the questioning of a person by a member of the Garda Síochána at Garda Síochána stations or elsewhere in connection with the investigation of offences; | ||
(b) a recording referred to in paragraph (a) or (b) of section 16 (1) of the Criminal Evidence Act 1992 ; | ||
(c) surveillance carried out in accordance with— | ||
(i) a valid authorisation given under, or | ||
(ii) an approval given in accordance with section 7 or 8 of, | ||
the Act of 2009. | ||
(4) For the avoidance of doubt, the provisions of this Act are without prejudice to the provisions of the Data Protection Acts 1988 to 2018. |