The main purpose of the Garda Síochána (Recording Devices) Bill is to provide a robust statutory framework for An Garda Síochána to use digital recording devices to support their key functions, such as the investigation, detection, prevention and prosecution of criminal offences, safeguarding against and preventing threats to public safety and public order, and in matters relating to the security of the State. This includes the use of bodyworn cameras by the Garda Síochána as recommended in the Report of the Commission of the Future of Policing in Ireland (COFPI).
The Bill will repeal and replace the CCTV provisions contained in section 38 of the Garda Síochána Act, 2005. It will set out how CCTV schemes should be managed to reflect changes in the law on foot of the introduction of the General Data Protection Regulation and the Law Enforcement Directive. This gives greater clarity in relation to the roles and responsibilities of both An Garda Síochána and Local Authorities in CCTV schemes.
The Bill will provide a statutory basis for the expanded use of Automatic Number Plate Recognition (ANPR) technology. It will allow the Minister to designate other bodies that have networks of ANPR cameras as bodies who may transfer their ANPR records to An Garda Síochána. The Bill contains provisions for An Garda Síochána to access Third Party CCTV. This allows for judicial authorisation for any access to live feeds, and it permits An Garda Síochána to approve access internally for a period of up to 72 hours. It also provides for access to data retained by third parties as a result of the operation of CCTV.
The Bill addresses the recommendations of the Fennelly Commission of Investigation in relation to the recording of calls to or from the Garda Síochána. The Bill will provide a statutory basis for the recording of 999 calls which are transferred to the Gardaí, and for the recording of other emergency and non-emergency lines or numbers that will be specified in, and governed by, a code of practice.
The Bill provides for the installation and operation of CCTV on Garda premises. This provides an updated legal basis for the installation and operation of CCTV on their premises for the purpose of safeguarding persons or property and for the prevention, detection, investigation and prosecution of offences. The powers in this Bill must be subject to sufficient controls and oversight to ensure their use is necessary and proportionate at all times as there are potential implications for the right to privacy and for the data protection rights of individuals. The Bill provides for various codes of practice to be prepared for certain parts of the Bill, including requirements to conduct data protection impact assessments and human rights assessments prior to the deployment of any of the measures.
As this is just the first stage of Dáil Éireann, the Bill is subject to considerable amendment. However, if you wish to read the current provisions of the Bill, you may do so by clicking here.