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

Mr. Mark Garrett:

What the Deputy is raising is the issue around clarity and providing clarity around what is meant in different sections. I raised the point under head 2, which refers to how biometric data has the same meaning attached to it in section 69 of the Data Protection Act 2018, but does not include "DNA, fingerprints or any other data 'except for facial images.'" Therefore, the confusion probably arises at this stage of the development of the legislation whereby those sorts of clarities will have to be teased out as it is drafted. That is the assumption we were making in our submission. As the Deputy can see from that particular quote from the heads, there is a clear view of biometric data except for these data, and we are talking about facial, or are we? That is some of the clarity we require in terms of the procedures that should be clearer, the oversight that should be clearer and exactly what people have talked about in terms of the procedures and guidelines.