Seanad debates

Thursday, 28 November 2019

Nithe i dtosach suíonna - Commencement Matters

Closed-Circuit Television Systems Provision

10:30 am

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

I am taking this Commencement matter on behalf of the Minister for Justice and Equality. His reply is quite long and I may not get through it all.

I thank the Senator for raising this issue. The Minister wishes to acknowledge the importance that many communities attach to CCTV and the sense of security it can bring. He also confirms that An Garda Síochána has previously indicated to his Department that it utilises CCTV in almost every criminal investigation, during major public events and sporting occasions, in the investigation of road traffic incidents and in many other areas requiring police action. The Garda considers CCTV to be particularly effective when the cameras are visible and their presence evident in a way that raises awareness among would-be offenders. The Minister agrees with the Senator on the importance and value of this issue. The law on CCTV is of long standing.

Community CCTV, as referred to by the Senator, is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must do the following: be approved by the local joint policing committee; have the prior support of the relevant local authority, which must also act as data controller; and have the authorisation of the Garda Commissioner. This is the legal basis for all community CCTV schemes, regardless of how they are funded. These key legal requirements, including the legal requirement for local authorities to act as data controller, have not changed since 2006.The Minister, Deputy Flanagan, wants to be clear that this long-standing statutory framework does not place an obligation on local authorities to take part in community CCTV. However, if a local authority decides that it is not prepared to act as data controller for community CCTV, this prevents community CCTV schemes from operating in its functional area.

In effect, the current legislative structure is an enabling one which empowers local communities and local authorities to establish a community CCTV system, to which the Garda has appropriate access. This is provided they meet the statutory requirements, including that the local authority is prepared to assume responsibility as data controller.

It may also be of reassurance for the Senator to know that the Data Protection Commission issued a note in November 2018 confirming that there is a legal basis for community-based CCTV and that the general data protection regulation does not introduce new barriers in that regard. The Data Protection Commission confirmed that:

Data protection legislation does not stand in the way of the roll-out of community-based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.

During 2019, the Data Protection Commission released general guidance on CCTV on its website, which the Minister would recommend to all those with an interest in this area.

I could read on. I have about ten pages here.

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