Garda Síochána (Recording Devices) Act 2023

Power of member of Garda personnel to utilise ANPR

15. (1) Subject to sections 18 to 20 , a member of Garda personnel acting in the course of his or her duties may, in accordance with this Part, and, where appropriate, in accordance with a data sharing agreement entered into under section 17 (2), utilise ANPR for the following 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.

(2) The utilisation of ANPR referred to in subsection (1)

(a) shall be necessary and proportionate with regard to the purposes of that utilisation under subsection (1), and

(b) shall be presumed to be so necessary and proportionate if that utilisation is in accordance with an applicable code of practice.