Garda Síochána (Recording Devices) Act 2023

Authorisation to member of Garda personnel

27. (1) A member of Garda personnel may apply in writing to the Commissioner of the Garda Síochána for an authorisation for the installation, operation or both, of CCTV in one or more specified locations for the sole or primary purpose of recording a public place for—

(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, or

(c) the protection of the security of the State.

(2) When making an application referred to in subsection (1), the member of Garda personnel shall provide information as to how he or she shall install, operate or both, the CCTV, or cause the CCTV to be installed, operated or both, in accordance with an applicable code of practice, and, without prejudice to the generality of the foregoing, shall—

(a) state the period (which shall not be longer than 5 years) for which the authorisation is required,

(b) state the location and precise number of the cameras to be used and the extent of their coverage,

(c) provide a data protection impact assessment, and

(d) include any other matter that may be specified from time to time by the Commissioner of the Garda Síochána.

(3) The Commissioner of the Garda Síochána may give an authorisation under this section if he or she is satisfied, having regard to the information in an application, that—

(a) the installation, operation or both, of CCTV in the location or locations specified in the application is necessary and proportionate having regard to the purpose specified in subsection (1), and

(b) the application is in accordance with subsection (2).

(4) An authorisation given by the Commissioner of the Garda Síochána under this section shall contain such terms and conditions as he or she considers necessary—

(a) generally for the purposes of this section,

(b) with regard to the duration of the authorisation (which shall not be longer than 5 years from the date on which the authorisation was given), and

(c) which may include terms and conditions in relation to the location and precise number of cameras used in that location and the extent of their coverage.