Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. 2:

In page 4, after line 39, to insert the following:

"(c) the targeted, ongoing and repeated photographing of persons for the purposes of monitoring and/or recording the movements, activities and communications of such persons,".

These amendments follow the recommendation of the Irish Human Rights Commission, IHRC, which believes that the Bill's definition of "surveillance" is not exhaustive. The IHRC has rightly pointed out that, for instance, the use of cameras in public spaces are excluded. However, it has also stated that the recognition by the European Court of Human Rights that a right to privacy exists to a certain extent in public places must be respected.

The IHRC went into detail on why it believes that the targeted, ongoing and repeated photographing of a person for the purpose of monitoring him or her or recording his or her movements, activities and communications via a camera falls under the legislation's description of surveillance. The IHRC believes that the current description should be extended to cover this type of photography, as it does not always cover the activity desired by the Garda Síochána. Currently, "surveillance" means monitoring, observing, listening and making recordings of persons. Photographing adds to existing powers and covers the activities in which the Garda is already involved in many instances. That evidence can be used in a similar fashion as recorded evidence and the like.

The Bill sets out what types of activity can be done, who must authorise them and how they are to be documented. Accepting my amendment would be useful. The scope of the Bill is not just to cover the ordinary activity of a member of the Garda Síochána, but, in particular, for the permission required where there is an ongoing and protracted targeting by the Garda of a suspect. There are instances where the Garda would like to have this power and it would be covered by the same rules and regulations we are setting out for surveillance devices.

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