Garda Síochána (Recording Devices) Act 2023

• Permanent Page URL

Authorisation to local authority

28. (1) A local authority 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 to assist the Garda Síochána in—

(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 local authority shall provide information as to how it 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, it 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,

(d) provide an undertaking by it to enter into a joint data controller agreement with the Garda Síochána in relation to the CCTV, and

(e) 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 the 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),

(b) the application is in accordance with subsection (2), and

(c) the local authority has consulted with the joint policing committee for the local authority’s administrative area.

(4) An authorisation under this section shall provide that—

(a) the local authority concerned shall give members of Garda personnel access at all times to the CCTV (including by way of processing through a live feed of the CCTV) for the purpose referred to in subsection (1) and for the purposes of supervising and controlling its operation and processing data recorded by it, and

(b) the CCTV shall at all times—

(i) comply with any technical specifications that may be issued by the Commissioner of the Garda Síochána from time to time, and

(ii) be installed, operated or both in accordance with an applicable code of practice.

(5) Subject to subsection (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),

(c) for the purposes of controlling and supervising the installation, operation or both, of the CCTV to which the authorisation relates, 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, and

(d) for the purpose of ensuring that any employees of the local authority concerned who are involved in the installation, operation or both, of the CCTV shall be, and shall remain, of good character.

(6) The access referred to in subsection (4)(a)—

(a) shall be necessary and proportionate with regard to the purpose referred to in subsection (1), and

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

(7) In this section, “joint policing committee” has the same meaning as it has in section 3(1) of the Act of 2005.