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Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It will be Parts 2, 5 and 7. The Bill deals with two things, namely, the recording of information and then the processing of that information. While it is implied in all the sections that processing would be needed, it is not explicitly referenced. We will be referencing the processing of the information in all the different sections of the Bill.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is how they process the information, how they store it and how it is altered. It is how they gain access to the information they have through the CCTV footage plus the ANPR, the body-worn cameras and the various different means.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is implied, but we just want to make sure there is no ambiguity that processing is part of it. It goes into detail in each section. We want to ensure there is no ambiguity that in each area where information is gathered there is also an element of processing to it.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: Processing of or in relation to data, including personal data, means an operation or a set of operations that are performed on the data or set of data whether by automated means or not. It is the collection, recording, organisation, structuring and storage of the data. It also means altering the data so if somebody has, for example, three minutes of footage, he or she may want to reduce it...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is the same amendment for every one of these changes; it is just a question of making the changes to the various sections of the Bill, as I have just outlined.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: We did not think the change was needed, but the legal advice is that we should put it into every section in order to ensure that the position is absolutely clear.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is an issue around drafting and having it just in time for today. As I read out, that is exactly what we are talking about in the context of inserting these amendments. It does not change the application of each section at all; it is just to have it expressly included.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: I should probably have just read it out in my opening statement because it is exactly what is in each section.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: That is just what I have done.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: That statement replicated what I said earlier. These amendments came in at the last minute.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: I absolutely assure the Deputy that these are just technical amendments. They replicate in all sections what is in one section. There is absolutely no doubt that that applies to everywhere we say we are gathering data, whether it is by means of the drones, on CCTV or on body-worn cameras, where there has to be an element of processing. We cannot gather the data without being able to...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is already in Part 3. We are talking about replicating that in Parts, 2, 5 and 7.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: Because of language used, namely, "with a view to using biometric data for the purpose of uniquely identifying one or more individuals", I feel that this would be better placed in the legislation relating to facial recognition technology that will be brought forward in the new term.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: On using real-time recording.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: We have decided that this is not going to be applied for in the context of facial recognition. Obviously, there will be further discussion and debate but the heads of the Bill that will be drafted will be based on clearly prohibiting, as I said at the outset, mass surveillance and the use of live facial recognition and that it would only apply retrospectively, and only in instances of...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: Deputy Costello outlined the provisions setting out where the person can go. This applies to where the garda is with the piece of technology. If it is a body-worn camera, it is obviously worn by the garda who will need permission to go to a certain place. If it is worn by a dog or a member of the canine section of An Garda Síochána, the person will be with the dog. If it is a...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: Gardaí would be able to operate this in limited circumstances. We are not talking about flying drones indiscriminately over people's houses. This would be for a very specific circumstance and prior authorisation would be required from a senior member of An Garda Síochána. The code of practice would have to be adhered to and the drone would have to be operated by a trained...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: Yes, it is set out in Part 8. Section 43(3) states: (3) Before submitting a draft code of practice to the Minister under this section, the Commissioner of the Garda Síochána— (a) shall cause an assessment of the impact of the proposed draft code on the human rights of individuals affected by the code [ ... ] (b) shall consult with the following [ ... ] (i) the...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: As is the case with any specialist unit or team within An Garda Síochána, training is provided. As this is introduced, specialist training will be provided for people to be able to use this.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is about striking a balance. I fully appreciate people's privacy rights. It is vital that people's privacy is protected when they are at home and in their own environment. We always have to strike the right balance between ensuring the Garda has tools available to it, with proper oversight, codes of conduct and other mechanisms in place, and ensuring the Oireachtas and the various...

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