Rónán Mullen (Independent) | Oireachtas source

I move amendment No. 42:

In page 16, lines 23 to 39, to delete all words from and including “(1) A” in line 23 down to and including line 39 and in page 17, to delete lines 1 to 15 and substitute the following: “(1) A member of Garda personnel shall make an application to a member of the Garda Síochána—

(a) of a rank of superintendent or above that may be specified in the applicable code of practice having regard to the rank or grade of the member of Garda personnel making the application, or to the type or the duration of the retention of the ANPR data concerned, and

(b) who is independent of the investigation, inquiry or the matters relating to the security of the State, as the case may be, to which the application relates in order to search ANPR data that has been retained by the Garda Síochána (in this section referred to as “retained ANPR data”) following applications under section 17and/or section 18.

(2) A member of the Garda Síochána to whom an application is made under subsection (1) may approve the application concerned if he or she believes on reasonable grounds that searching the retained ANPR data may be of material assistance for one or more of the following purposes:

(a) the prevention, investigation, detection or prosecution of criminal offences;

(b) safeguarding against, and the prevention of, threats to public security, including securing public safety and public order, where there are reasonable grounds to believe there is a significant threat;

(c) the protection of the security of the State;

(d) any other inquiry or investigation into any matter, having regard to the functions of the Garda Síochána.

(3) An approval under subsection (2)may be granted subject to such other conditions as the member of the Garda Síochána granting the approval considers appropriate, having regard to the information contained in the application.

(4) The Commissioner of the Garda Síochána shall cause to be created and maintained a written list of applications to conduct a search of ANPR data retained by the Garda Síochána, which shall contain the details of the application, whether the application was granted or refused, the reasons for granting or refusing the application, as the case may be, the name and rank of the Garda who sought the request, the name and rank of the Garda who either granted or refused the application, the date of the approval or refusal, the name and rank of the Garda who carried out the search, the date of the search, the objective of the search, the specific information searched, the personal data processed during the search, and a written explanation of how the approved measure met the principles of necessity and proportionality, and any other matters that may be specified in an applicable code of practice.”.