Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

There will be an option to review the period earlier if required but, on examining the issue, we decided a five-year period was optimal. As I explained in response to Deputy Farrell, it is a limited power to erect CCTV. To create a scheme, a local authority cannot just install a CCTV system but will have to go through a prescribed number of steps outlined in the Bill. For example, it will have to prepare a site management plan for each scheme and set out the arrangements for monitoring and recording, how it will disclose the images that are produced and how it will preserve the recordings. All of that is intended to comply with data protection rules and the Data Protection Commissioner has been extensively consulted in the drawing-up of the legislation. Moreover, a data protection impact assessment must be carried out in accordance with section 84 of the Data Protection Act 2018, which is an onerous task, and there is an overhead associated with that. In addition, for each proposed scheme the relevant local authority has to be satisfied the scheme is proportionate to the enforcement and deterrence needs identified at the proposed site and that it meets the data protection requirements.

There is a mandatory code of practice, which will be drafted in consultation with the Data Protection Commissioner and will ensure relevant data protection legislation is complied with during the authorisation and operational use of these technologies. The code of practice will be subject to approval by the Minister. A combination of legislation, non-statutory guidance and the use of mandatory codes of practice are the measures that are being put in place to ensure the processing of personal data may be carried out by local authorities trying to enforce litter and waste law, while meeting GDPR requirements and addressing the concerns raised by the Data Protection Commission. There has been a long and detailed consultation with the Data Protection Commissioner in relation to the drafting of these provisions and all concerns raised by the Data Protection Commission have now been addressed. It is not easy to put these schemes into practice. There are a lot of safeguards around them and so one year would be too short a period of time. That is why we are allowing for a five-year period. I will therefore not be accepting the amendment.