Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I might, if I can, because this and another amendment are a development from the Dáil debate and are not technical in nature. Section 45 will insert a new section 77A into the Roads Act 1993 which will provide the basis in future for the use of traffic cameras and other data-gathering devices by Transport Infrastructure Ireland, TII, and local authorities and for the use of data from those cameras as part of this process.

Section 41 inserts a number of definitions into section 2 of the Roads Act. The present group of amendments provides a number of enhancements to these provisions. Some of the devices concerned may not fit neatly into the definition of cameras or CCTV, for example, devices which clock speed. We are, therefore, allowing for a wider range of devices here using the term "other data-gathering devices".

We are proposing to introduce a power under which kinds of other data-gathering devices in question must be specified in regulations. This is to ensure proper control over the type of devices which may be used. This will add extra safeguards as to the type of data-gathering devices which can be used but will also avoid the risks of unintended situations. For example, if it were not clear that this section related to a specific type of devices identified in regulations, it might be possible to argue that a staff phone issued by TII which had a camera on it was a data-gathering device covered by this legislation.

The amendments will also allow both local authorities and TII to outsource the setting up and operating of cameras if they wish. In practice, it is envisaged these functions, like many other functions of public bodies, may be outsourced and it is important to allow this option to ensure the policy intent behind section 77A is carried out. I emphasise that outsourcing will not in any way diminish the legal protections in place surrounding the security and use of any data obtained via cameras or data-gathering devices. Any processing of personal data, whether by local authorities, TII or outside contractors, remains subject to the Data Protection Act as well as the further provisions for data protection included in section 77A.

Furthermore, we are allowing for local authorities to operate cameras on national managed roads with the consent of TII and for TII to operate cameras on public roads with the consent of the relevant local authority. This will offer an opportunity for TII and local authorities to co-operate in cases where it makes sense to do so.

The remaining amendments in the current grouping are essentially technical amendments to revise the numbering within section 77A or to clarify matters.

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