Seanad debates

Wednesday, 1 February 2023

Road Traffic and Roads Bill 2021: Committee Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

This is the wrong direction of travel. It is literally saying any tool can be used for any kind of data. It does not clarify. The definition for cameras has been extended to include "other data-gathering devices" The definition of "data-gathering device" proposed by amendment No. 36 is extraordinarily vague, wide and dangerous: "‘data-gathering device’ means any device, apparatus or equipment used or capable of being used for the gathering of data”. Again, it is any device and any data. There is no clarity. There is neither a narrowness about the technology, as my colleague has put forward, nor even an absolute clarity around which kind of data might be gathered. That is extraordinarily vague and wide. Frankly, the amendment needs to be very significantly and seriously re-evaluated. If motion sensor or speed sensing equipment is needed, let that be clarified. If a mechanism is to be put in place around the recognition of other appropriate technologies with suitable safeguards, data protection and all attached to that, put forward a mechanism. Simply changing what is meant by "cameras" to mean anything is very concerning.

We have seen very worrying factors and we do not need to look far for them. We can look to China where there have been extraordinary levels of state surveillance and detailed pieces. Even if we do not have facial recognition technology, and we clearly do not have protections against that here, we may be still looking at profiling or crowd profiling. There is, for example, the new extreme legislation that has been introduced in the UK on public gatherings and people's rights to be together in public. There are a lot of very concerning areas here. If we are looking to authorise any device being used for the gathering of data, which could be any data, it is creating a public realm that is not really a public realm or shared space but which becomes a surveillance space where a person does not know what data are being gathered in respect of him or her. That person does not know for what purpose those data are being gathered and he or she does not know what devices may be tracking him or her. That is very different from saying there are speed cameras or cameras performing particular functions when it comes to automatic plate recognition.

I urge the Minister to re-evaluate all of the insertions of the phrase "data-gathering device" and, in particular, to re-evaluate the definition of "data-gathering device" he put forward in amendment No. 36.

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