Garda Síochána (Recording Devices) Act 2023
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Offences under this Part | ||
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24. (1) Where a member of Garda personnel records a telephone call to or from the Garda Síochána on a telephone line or number that the Commissioner of the Garda Síochána has not designated under section 22 (2) that person shall be guilty of an offence. | ||
(2) A person who, without lawful authority or reasonable excuse, knowingly does any of the following: | ||
(a) falsifies, conceals, destroys or otherwise disposes of data (including personal data) recorded by the Garda Síochána from telephone lines or numbers designated under this Part; | ||
(b) permits the falsification, concealment, destruction or disposal of the data (including personal data), | ||
for the purpose of making that data or any document derived therefrom unavailable as evidence, shall be guilty of an offence. | ||
(3) A person who induces, coerces or requests, without lawful authority or reasonable excuse, a member of Garda personnel to commit an offence under subsection (2) shall be guilty of an offence. | ||
(4) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both. | ||
(5) A person guilty of an offence under subsection (2) or (3) shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both. |