Garda Síochána (Recording Devices) Act 2023
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Authorisation | ||
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40. (1) An application under section 39 for an authorisation or under section 41 for a variation or renewal of an authorisation shall be made— | ||
(a) on notice to the third-party CCTV operator concerned and shall be heard otherwise than in public, and | ||
(b) to a judge of the District Court of the district in which the CCTV cameras are situated. | ||
(2) A judge shall grant such authorisation or such variation or renewal of an authorisation as he or she considers reasonable if satisfied by information on oath of the superior officer concerned that— | ||
(a) in the case of an application under section 39 — | ||
(i) that the superior officer making the application has reasonable grounds for his or her belief referred to in that section, and | ||
(ii) where section 42 (8)(a) applies, that the superior officer making the application has reasonable grounds for believing that access beyond 72 hours is warranted, | ||
or | ||
(b) in the case of an application under section 41 (1), that the superior officer making the application has reasonable grounds for believing that the variation or renewal is justified. | ||
(3) The information on oath of a superior officer specifying the grounds for his or her belief that the processing of CCTV operated by a third party through a live feed is required for any of the purposes referred to in section 39 need not specify a particular offence in respect of which the authorisation is being sought. | ||
(4) An authorisation may impose such conditions in respect of the authorised processing of third-party CCTV through a live feed as the judge considers appropriate. | ||
(5) An authorisation shall be in writing and shall specify— | ||
(a) the particulars of the third-party CCTV that is authorised to be processed through a live feed, | ||
(b) the purpose for which the third-party CCTV that is authorised to be processed through a live feed will be used, | ||
(c) the name and rank of the superior officer to whom it is given, | ||
(d) the conditions (if any) subject to which the authorisation is given, and | ||
(e) the date of the expiry of the authorisation. | ||
(6) Subject to section 41 , an authorisation shall expire on the day fixed by the judge that he or she considers reasonable in the circumstances and that is not later than 6 months from the day on which it is given. |