Garda Síochána (Recording Devices) Act 2023
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Provisions applying where certain amendments or additions proposed to be made to CCTV | ||
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31. (1) A person to whom an authorisation under section 27 or 28 , as the case may be, has been given shall, where the following amendments or additions to the CCTV the subject of the authorisation are proposed to be made, so inform the Commissioner of the Garda Síochána: | ||
(a) the installation of one or more additional cameras; | ||
(b) the relocation of a camera; | ||
(c) the installation of a new camera or technology that significantly increases the visual area captured by a previously installed camera; | ||
(d) the installation of equipment, software or technology that results in significant additional processing that was not covered by the authorisation; | ||
(e) any other changes that would alter the extent of the coverage of the CCTV, or the capability of the recording device or devices, concerned. | ||
(2) A person referred to in subsection (1) shall, when informing the Commissioner of the Garda Síochána under that subsection, provide the Commissioner with any data protection impact assessment conducted in relation to the proposed amendments or additions. | ||
(3) The Commissioner of the Garda Síochána, as soon as practicable after having been informed under subsection (1) and, where applicable, having been provided with the data protection impact assessment to which subsection (2) refers, shall— | ||
(a) if he or she is satisfied that the proposed amendments or additions are of a minor nature having regard to the existing authorisation concerned and to the applicable code of practice and are necessary and proportionate having regard to the purposes referred to in section 27 (1) or section 28 (1), as the case may be, modify the authorisation accordingly (which may include such additional terms and conditions as he or she considers appropriate), or | ||
(b) where he or she is not satisfied with regard to the matters referred to in paragraph (a), direct under section 33 that a new application for an authorisation under section 27 (1) or section 28 (1), as the case may be, is required to be made having regard to the proposed amendments or additions. | ||
(4) An authorisation given under section 27 or 28 shall expire if any amendments or additions referred to in paragraphs (a) to (e) of subsection (1) are made to the CCTV concerned without an authorisation modified under subsection (3)(a), or a new authorisation given as a result of a new application referred to in subsection (3)(b), having been given by the Commissioner of the Garda Síochána. | ||
(5) Where an authorisation expires in accordance with subsection (4)— | ||
(a) the person to whom the authorisation was given shall, as soon as may be, terminate, or cause the termination of, the operation of the CCTV to which the expired authorisation relates, and | ||
(b) where further installation, operation or both, of the CCTV concerned is required, it shall be necessary for him or her to apply for a new authorisation under section 27 or 28 , as the case may be, in relation to such installation, operation or both. |