Garda Síochána (Recording Devices) Act 2023

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Approval for processing of live feed of third-party CCTV

42. (1) A member of Garda personnel may, in accordance with this section, process CCTV operated by a third party through a live feed without an authorisation granted under section 40 if such processing has been approved by a superior officer who is independent of the investigation or matter in relation to which the approval is being sought (in this section referred to as an “independent superior officer”).

(2) The member of Garda personnel referred to in subsection (1) may apply to an independent superior officer for the grant of an approval to process CCTV operated by a third party through a live feed for one or more of the following purposes:

(a) that information relevant to a criminal offence that has been, is being, or will be committed in the vicinity of the third-party CCTV can be obtained by processing the third-party CCTV;

(b) that the processing of the third-party CCTV is necessary in order to safeguard against, and prevent threats to public security, including securing public safety and public order;

(c) that the processing of the third-party CCTV is necessary in order to protect the security of the State.

(3) An independent superior officer to whom an application under subsection (2) is made may approve the processing of the live feed of the third-party CCTV concerned as he or she considers appropriate—

(a) having regard to the information contained in the application,

(b) if he or she considers on reasonable grounds that the processing is necessary and proportionate having regard to the purpose or purposes of such processing referred to in subsection (2), and

(c) the processing shall be limited to a duration that is required to achieve its objectives.

(4) An approval under subsection (3) or a variation of the approval under subsection (7)—

(a) shall, if granted orally, be recorded in writing as soon as practicable,

(b) may, subject to subsection (6), be granted subject to conditions, including as to the duration of the access,

(c) shall set out the grounds of approval, and the conditions, if any, attached to the approval, and

(d) shall be provided in writing to the third party concerned as soon as practicable and in any event before the processing to which it relates occurs.

(5) The approval in writing or the variation thereof in writing referred to in subsection (4) shall specify—

(a) the particulars of the third-party CCTV that is approved to be processed through a live feed,

(b) the purpose for which the third-party CCTV that is approved to be processed through a live feed shall be used, and

(c) the name, and rank or grade, of the member of Garda personnel to whom it is granted.

(6) Subject to subsection (8)(b), a member of Garda personnel shall not process CCTV operated by a third party through a live feed under this section for a period of more than 72 hours from the time at which the approval is granted.

(7) An independent superior officer who has granted an approval under subsection (3) may, following an application by a member of Garda personnel setting out the reasons justifying the variation and having regard to the matters referred to in subsection (3), vary the approval or any condition attached to it, other than the duration of the approval, at any time before the expiry of the period of 72 hours referred to in subsection (6).

(8) (a) If a superior officer (other than the independent superior officer) believes on reasonable grounds that access beyond the period of 72 hours is warranted, he or she shall, as soon as possible but in any case before the expiry of that period, make an application under section 39 for an authorisation.

(b) Where an application under section 39 referred to in paragraph (a) has been made and the period of 72 hours referred to in that paragraph would, but for this paragraph, expire before the determination of the application, that period shall be deemed not to expire until the application has been determined.

(9) The information on oath supporting the application referred to in subsection (8) shall include a copy of the written record of approval referred to in subsection (5) concerned, a summary of the outcome of the actions taken pursuant to that approval and the reasons why continued processing is required.

(10) A member of Garda personnel who processes under this section the CCTV operated by a third party through a live feed shall make a report to a member of the Garda Síochána of the rank of chief superintendent as soon as possible and, in any case, not later than 7 days, after the access to the live feed concerned has concluded, specifying the following matters:

(a) the name and address of the operator of the third-party CCTV;

(b) the time and date on which the access to the live feed began and ceased;

(c) the grounds on which the approval was granted, including a copy of the written record of approval, and

(d) a summary of the outcome of the processing.