CCTV in Public
CCTV in Public Place
A person must not install or operate CCTV for the sole or primary purpose of recording in a public place for the purposes set out, without an authorisation issued under the Garda Síochána (Recording Devices) Act. It provides that an authorisation can only be given to a member of Garda personnel, or to a local authority in accordance with Section 25 or Section 26 respectively.
The Act sets out the purposes for which a member of Garda personnel may apply for authorisation to the Garda Commissioner and the information that should be included in any application, which will be governed by a Code of Practice. It provides for the Garda Commissioner to give an authorisation if satisfied that the installation or operation of CCTV is necessary and proportionate to the purposes specified, and is in accordance with the application information set out, for a period of no more than 5 years.
It also provides for the Garda Commissioner to include terms and conditions on the authorisation if he or she considers it necessary. A data protection impact assessment must be carried out.
Authorisation to Local Authority
The 2023Act sets out the purposes for which a local authority may apply for authorisation to the Garda Commissioner, and information that should be included in any application which will be governed by a Code of Practice. It provides for the Garda Commissioner to give an authorisation if satisfied that the installation or operation of CCTV is necessary and proportionate to the purposes specified in this section, is in accordance with the application information set out, and is satisfied that the local authority has consulted with the joint policing committee for the administrative area.
The local authority must agree to give access at all times to the CCTV to members of Garda personnel, that the CCTV will at all times comply with technical specifications that may be issued by the Commissioner and that it is installed and operated in accordance with a Code of Practice.
There are requirements for persons installing or operating CCTV on behalf of a member of Garda Síochána or a local authority to whom an authorisation has been given. It binds them to the terms of the authorisation and specifies what they must do before they install or operate CCTV, namely, have fulfilled criteria detailed by the Garda Commissioner in an applicable Code of Practice, entered into a contract with the party to whom the authorisation was granted, and entered into an agreement relating to the processing of data with either the Commissioner or the local authority.
Authorisation
An authorisation expires on the date specified on the authorisation, and the person to whom the authorisation was granted must terminate or cause the termination of the operation the CCTV to which the authorisation relates. If a person wishes to continue operation or installation of the CCTV to which the authorisation relates, then they must apply for a new authorisation. If a new application is made, this section also provides that the existing authorisation will be deemed to not have expired until the decision on the new application is made.
Where an authorisation has been given, the Garda Commissioner must be informed of the types of amendments or additions set out. When the Garda Commissioner is being informed of these amendments or additions, any data protection impact assessment conducted must also be provided to him or her. The Garda Commissioner can decide to either modify an existing authorisation or issue a direction requiring the person to make a new application for an authorisation. An authorisation will expire if amendments or additions are made without the relevant modified authorisation or new authorisation.
There are circumstances under which the Garda Commissioner may revoke authorisations. A member of Garda Síochána not below the rank of chief superintendent may issue directions to a person to whom an authorisation has been granted under this Part and that person must comply with it.
CCTV Regulation
It is an offence for a person to install or operate or cause the installation or operation of CCTV for the purposes set out) without an authorisation. It is an offence for any person without reasonable excuse, to fail to comply with the provisions. There is a range of offences relating to falsification or destruction of records or devices.
It is an offence to induce, coerce, threaten or request a Garda to act contrary to the provisions. The penalties upon conviction for an offence under this section are, on summary conviction, a class A fine, or a term of imprisonment not exceeding 12 months or both, or on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
Part 6 of the 2023 Act does not apply to the processing of CCTV, including the processing of live feeds of CCTV operated by, or on behalf of, a local authority under Part 5. There is a power for a member of Garda personnel to process live feeds of third-party CCTV only in accordance with an authorisation given by a District Court judge or an approval granted under Section 39 by a superior officer. Provisions for variations of authorisations are also included.
CCTV Procedure
A superior officer may make an application to the judge of the District Court for authorisation to process live feeds of third-party CCTV if there are reasonable grounds for believing that such processing for the purposes listed is required.
The application to the judge of the District Court, will be made to the District Court in which the cameras are situated, on notice to the third party concerned, and heard otherwise than in public. A judge will grant an authorisation where he or she is satisfied by the information provided on oath by the superior officer.
The information on oath specifying the grounds for the superior officer’s belief that the authorisation is necessary for any of the statutory purposes, does not need to contain a particular offence for which it is being sought. The judge to impose conditions on the authorisation they may consider appropriate to the processing. There is to be an expiry date which the judge will fix, which can be no longer than 6 months from the day it is issued.
A superior officer to apply to the District Court to vary or renew an authorisation. A renewal of an authorisation cannot exceed a 6 month period and a renewal application must be made before the authorisation has expired. Where an authorisation expires before the application is determined, it will be deemed to not expire until the application has been determined.
Temporary Authorisation
A member of Garda personnel may apply to an independent superior officer, to process live feed of third-party CCTV for up to 72 hours for one or more of the purposes set out. There are considerations for the superior officer in approving an application. It allows for conditions to be attached, and provides that the approval will be provided to the third party before processing happens. It allows for the approval to be varied if necessary.
It provides that where a superior officer wishes to extend the time-period for access, they must apply to the District Court judge before the approval expires.
Where a member of Garda personnel processes live feeds under this section, they will be required to furnish a report, with the details specified to a chief superintendent within 7 days of the end of the processing.
Where a member of Garda personnel requests data from a third party which has been obtained as a result of the operation of CCTV and retained by the third party, then the third party must provide that data to the member of Garda personnel with 7 days of the date of the request. It also sets out the purposes for which a member of Garda personnel may request data and that such a request shall be necessary and proportionate with regard to the purposes set out. There are various offences and penalties.
CCTV in Garda Síochána Premises
The Garda Commissioner may authorise the installation or operation of CCTV in or around Garda premises for the principal purpose of safeguarding persons or property, or for the prevention, investigation, detection, or prosecution of criminal offences. This power can be delegated to a member of Garda personnel not below the rank of chief superintendent, or principal officer grade. Garda premises include temporary structures, including premises or structures being used on a temporary basis, or any part thereof, that the Garda Síochána are using for the performance of their functions.
Codes of Practice
A code or codes of practice must be drawn up by the Garda Commissioner having regard to the operation of, and any associated procedures or agreements in respect of Parts 2 to 6. It also provides what a code or codes of practice must incorporate. This includes provisions relating to the procedures to be followed, and provisions relating to confidentiality, security, storage, access and retention.
The stakeholders with whom the Garda Commissioner must consult and the information that must be provided to them. The information comprises of a draft code of practice, the results of any data protection impact assessments, and the results of any assessment of the impact of the human rights of an individual. The draft code must also be published on the Garda website for a period to be determined by the Garda Commissioner to allow persons to make written representations in respect of the draft code. The Garda Commissioner may also consult with any other persons he or she deems appropriate and may amend the code as a result of the consultations.
Once a draft code of practice is submitted to him or her, the Minister may declare it a code of practice for the purpose of the Act by order. The text of the code of practice will be set out in the order. Provision is made for the Garda Commissioner to review a code of practice at least every 5 years from the date of the order, or from the previous review.
The Garda Commissioner may submit further codes of practice to the Minister to amend, revoke, or replace of a code of practice. The provisions of this section applies to all draft codes submitted to the Minister, including where it is for amendment, revocation of a code or replacement of a code.
All reasonable steps are to be taken by the Commissiomer to bring the codes of practice, or any amendments of the codes, which are the subject of an order, to the attention of Garda personnel.