Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 35:

In page 52, line 13, after “recognition” to insert “but excluding through the use of facial recognition technology”.

The amendments in this grouping seek to insert safeguards around the use of facial recognition technology, FRT, in the definition of CCTV. Specifically, amendment No. 35 defines the use of CCTV as excluding the use of facial recognition technology such that any powers created in respect of CCTV throughout the Bill could not be interpreted as permitting the use of FRT.

Amendment No. 46 inserts a new section specifying that facial recognition technology may not be used in any cameras operated by the road authority, nor may any data from the cameras be processed later using FRT, either by the road authority or a third party.

I am aware that the Minister has amendments coming up in the next section which explicitly says that they are removed, but as it does refer to any other data-gathering devices, I will come to those again in the next section.

Interestingly, when drafting this Bill, the Minister made a point of specifying the artificial intelligence, AI, which the cameras can be used with, namely, automatic number plate recognition. It is strange then that we do not think to specify what artificial intelligence should not be applied to the footage from these cameras.

This must be the third or fourth legislative item to come through this House in the past year which casually creates powers of surveillance but does not insert any safeguards in primary legislation around how data from the surveillance can be used.

Similarly, we saw careless provisions in the Circular Economy and Miscellaneous Provisions Bill 2022, and we also sought to amend those at the time. The only safeguard in this Bill is that the Minister may make regulations in respect of how the data can be processed. We continue to treat mass surveillance of the public with a cavalier attitude when what we are dealing with is an infringement upon fundamental rights to privacy. We are five or ten years behind the rest of the world in this respect. Europe is on the cusp of legislating to control the use of AI but the Government seems intent on ignoring the way the winds are blowing. Again and again we see legislation with powers of surveillance being drafted in an open-ended way, so that it is never clear what technology is allowed to be used for surveillance, and which is not. We are living in a world where surveillance technology is evolving in new and sinister ways every day, yet the Minister's legislation seems oblivious to these developments.

By inserting safeguards around the use of FRT for surveillance purposes, we would be putting ourselves ahead of the curve in respect of European regulation. It is strange that we seem to be stuck five years in the past in respect of legislating for the use of AI and I hope that the Minister will seriously take into account and consider these amendments. I also hope that he will seriously reflect on the way the Government legislates around these issues.