Sharon Keogan (Independent) | Oireachtas source

In my speech I wish to draw attention to the possible data protection issues that may arise because of this legislation. While technology brings new opportunities to deal with the crisis of law and order nationwide, it is important that we do so while respecting civil liberties and the right to privacy of citizens. Following much public consultation and increased criminal activity, I was involved in setting up the CCTV system in my area of Duleek and Donore. At the time it did include ANPR. The CCTV system has helped to make the community safer and it has given me an insight into the data protection issues facing all the relevant parties. Since it was installed, the ANPR had to be removed off the system. It is recording, but it no longer has the ANPR software on it.

In my speech I will summarise a range of compliance issues which could arise because of this legislation and other issues we need to anticipate. This Bill will provide for automatic number plate recognition without judicial approval and searching databases for retained ANPR data, which are not defined. Potentially sharing these data with other bodies risks violating our existing data protection system and could amount to Government overreach. Similarly, any secret tracking of vehicles must be subject to judicial approval. The definition of what is considered a recording device is overly broad. Anything from a camera on a piece of clothing, a device fixed to a structure, a drone or our own 72-hour CCTV footage could be considered a recording device the Garda can use and access without judicial approval.

The information gathering regulations the Garda must follow do not make sense. After a crash, the Garda often appeals to the public for dashcam footage because they are not allowed to access it themselves. It is important to address these contradictions. How does it make sense that the Garda can appeal to the public for footage that its members, technically speaking, are not allowed to record themselves? It is also worth noting on a side note that there is a greater risk that dashcam footage provided by members of the public could be altered. The standards of what is considered admissible in court must be considered and what the Garda is allowed to access must be reviewed and amended. If we are to introduce body cameras, it is essential that we have appropriate training for all gardaí. A colleague in the Lower House cited a report from the Data Protection Commission that revealed that many gardaí had little or no training on handling CCTV. Any training members of the Garda receive on the new legislation must be very thorough.The Minister has previously tried to have the bodycams use facial recognition technology, which studies have shown is only reliable 70% of the time. If there is no proper training, we risk having miscarriages of justice or cases falling apart. Appropriate steps must be taken to ensure any features or functions of the bodycams that are incompatible with Irish laws are disabled.

Careful consideration must be given to Part 8 of the Bill before tenders go out for the provision of bodycams. There is a risk of putting the cart before the horse and finding out the use of the bodycams we have purchased is incompatible with other data protection legislation. If we go out to tender too early, we may not be able to use the devices for a long period. By the time the Garda is able to use bodycam technology, it may be outdated. Before bodycams are introduced for use by gardaí, there must be a statutory requirement for a pilot programme to be put in place. That will allow us to work out what does and does not work before rolling the provision out across the country.

It is important to ensure all devices are calibrated every year and are certified in order for the recording of material to be admissible in court. Often, systems are never checked and recording systems may have been moved. Having these systems calibrated yearly by a Private Security Authority, PSA, provider will ensure the cameras are doing what they are supposed to do. Making provision for calibration annually by a licensed PSA provider would copperfasten the legislation and make it a little stronger. I commend this move. Bodycams are important for protecting victims of crimes, those accused of committing a crime and serving members of An Garda Síochána. However, consideration must be given to the many compliance issues in order not to risk encroaching on civil liberties or engaging in Government overreach.

On local authority CCTV systems, local authority buildings are only open from 9 a.m. to 5 p.m., Monday to Friday. Having access to recorded material outside those hours is really important. What is the plan for running those systems after 5 p.m. or 6 p.m. and at the weekend?

I support the Bill.