Oireachtas Joint and Select Committees

Tuesday, 13 February 2024

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion

Ms Donna Parau:

I thank the Chairman, and members of the committee for the invitation to this meeting. From a crime investigation perspective, we support the appropriate use of this technology for the detection of perpetrators and for the collection of evidence in support of charges against them. We have two specific points which we would like to address further.

The first is how data will be collected, processed and protected, specifically, data that contains information on or about survivors of sexual violence. This legislation and the code of practice in the Act must state what procedures and protections will be put in place to ensure that survivors are not subjected to humiliating, degrading and dangerous breaches of their privacy. The protection of privacy for survivors must be prioritised and severe criminal penalties applied to those who access or distribute any information outside of the strict parameters allowed for the processing of this data and in any way that could adversely affect survivors.

The second point is on the schedule of offences. As an investigative tool, we strongly support the use of biometrics in all sexual offences and do not agree with any limitation or privileging of some offences over others. The value of being able to use this technology, not only in the detection of perpetrators in public spaces but also in the online space, is invaluable. Technology which is already being used to combat online harms such as child sexual abuse, trafficking and other forms of exploitation, must continue to be available to the An Garda Síochána so its members can do their job effectively.

As stated, we support the use of this technology in collecting evidence but having this evidence stand up in court is of concern. Ensuring that the use of this technology is not left open to challenge on both its efficacy and accuracy is highly important. We have not addressed the merits of the technology from a technical standpoint and have approached our submission from the position of trusting that the very suggestion of the use of such technology carries with it assurances that extensive and robust research and testing into its use and application for this and any other purpose has been done.

I again thank the committee for the opportunity to contribute to this discussion.

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