James Browne (Wexford, Fianna Fail) | Oireachtas source

It will be a matter for the Garda Commissioner to specify whether the technical and software specifications are included in the application process. I direct the Senator to sections 27(2)(d) and 28(2)(e) of the Bill. Further details of the requirements for community CCTV will be published in a code of practice for both Garda and local authority schemes.

I would highlight to Senators Ruane and Flynn that where amendments are made to CCTV under an authorisation, for example, if additional cameras are included, if the technology or camera results in significant additional processing or if the coverage of the CCTV is authored, there is a requirement to notify the Garda Commissioner and to provide any data impact assessment to him or her.

It will also be an offence to fail to notify the Garda Commissioner of the amendments specified in section 31(1), and, in the case that a new authorisation is required, to fail to comply with the requirements of section 31(5). The changes to the CCTV schemes arose as a result of concerns from the Data Protection Commission over the administration of CCTV schemes. The changes to the schemes are significant and reflect the need to provide clear standards for how CCTV should operate, particularly since the coming into force of the general data protection regulation and law enforcement directive.

I cannot accept these amendments. With regard to amendments Nos. 45 and 51, the Data Protection Act 2018 and any provisions therein relevant to the use of CCTV apply in this regard. Further details around the application process and requirements of such schemes will be made available in a code of practice. As such, I cannot accept these amendments either.