Garda Síochána (Recording Devices) Act 2023
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Operation of recording devices generally | ||
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9. (1) Subject to this Part, a member of Garda personnel acting in the course of his or her duties may operate or cause to be operated— | ||
(a) a recording device in— | ||
(i) a public place, or | ||
(ii) any other place— | ||
(I) under a power of entry authorised by law, | ||
(II) to which he or she was expressly or impliedly invited or permitted to be, or | ||
(III) in which he or she is present for the purposes of the performance of his or her functions as such a member, | ||
(b) a recording device worn on any animal controlled by him or her, in— | ||
(i) a public place, or | ||
(ii) any other place, where, if the member were in the same location as the recording device, the member could be in that place— | ||
(I) under a power of entry authorised by law, | ||
(II) as a result of being expressly or impliedly invited or permitted to be, or | ||
(III) for the purposes of the performance of his or her functions as such a member, | ||
or | ||
(c) a recording device that is remotely controlled, including a device affixed to or part of an unmanned aerial vehicle. | ||
(2) A member of Garda personnel shall not operate, or cause to be operated, a recording device unless for one of the following principal purposes: | ||
(a) the prevention, investigation, detection or prosecution of criminal offences; | ||
(b) safeguarding against, and the prevention of, threats to public security, including securing public safety and public order; | ||
(c) the protection of the security of the State; | ||
(d) the execution of criminal penalties. | ||
(3) Without prejudice to the generality of subsection (2), a member of Garda personnel may operate a recording device where he or she— | ||
(a) believes on reasonable grounds that an offence has been, is being, or will be committed, | ||
(b) believes on reasonable grounds that he or she may be required to exercise force to fulfil his or her duties, | ||
(c) is executing a court order or a warrant, | ||
(d) is recording damage to property as a result of an offence or an act of violence or force, | ||
(e) is recording an individual where— | ||
(i) the member believes on reasonable grounds that the immediate making of a record by the individual is necessary and the individual is unable to write, | ||
(ii) the member believes on reasonable grounds that the individual is dying and that he or she had been a victim of, or a witness to, an offence, | ||
(iii) the member believes on reasonable grounds that domestic violence is occurring or may have occurred, | ||
(iv) the member believes on reasonable grounds that a breach of the peace or a public order offence is occurring or may have occurred, | ||
(v) the recording is of injuries to the individual that the member believes on reasonable grounds were sustained as a result of an offence or of an act of violence or force, | ||
or | ||
(f) considers on reasonable grounds that it is required for the performance of his or her functions. | ||
(4) The operation of a recording device under this section— | ||
(a) shall be necessary and proportionate with regard to the purposes of that operation under subsection (2), and, where applicable, subsection (3), and | ||
(b) shall be presumed to be so necessary and proportionate if that operation is in accordance with an applicable code of practice. | ||
(5) Where a member of Garda personnel is operating a recording device— | ||
(a) subject to paragraph (b) and, in relation to body-worn cameras, section 10 , the operation shall, in so far as practicable, be overt, and | ||
(b) he or she shall, when operating the device in a dwelling, and where appropriate, notify the occupants at the start of the operation and record the notification. |