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Searches of ANPR data retained by Garda Síochána
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20. (1) A member of Garda personnel shall make an application to a member of the Garda Síochána—
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(a) of a rank of sergeant or above that may be specified in the applicable code of practice having regard to the rank or grade of the member of Garda personnel making the application, or to the type of or the duration of the retention of the ANPR data concerned, and
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(b) who is independent of the investigation, inquiry or the matters relating to the security of the State, as the case may be, to which the application relates,
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in order to search ANPR data that has been retained by the Garda Síochána (in this section referred to as “retained ANPR data”).
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(2) A member of the Garda Síochána to whom an application is made under subsection (1) may approve the application concerned if he or she—
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(a) believes on reasonable grounds that searching the retained ANPR data may be of material assistance for one or more of the following purposes:
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(i) the prevention, investigation, detection or prosecution of criminal offences;
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(ii) safeguarding against, and the prevention of, threats to public security, including securing public safety and public order;
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(iii) the protection of the security of the State;
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(iv) any other inquiry or investigation into any matter, having regard to the functions of the Garda Síochána,
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and
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(b) believes on reasonable grounds that the search is necessary and proportionate with regard to the purposes referred to in paragraph (a).
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(3) An approval under subsection (2) may be granted subject to such other conditions as the member of the Garda Síochána granting the approval considers appropriate, having regard to the information contained in the application.
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(4) The Commissioner of the Garda Síochána shall cause to be created and maintained a written list of applications to conduct a search of ANPR data retained by the Garda Síochána, which shall contain the details of the application, whether the application was granted or refused, the reasons for granting or refusing the application, as the case may be, and any other matters that may be specified in an applicable code of practice.
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