Gay Mitchell (Dublin South Central, Fine Gael)
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Question 319: To ask the Minister for Justice, Equality and Law Reform if the public have protection against misuse or abuse of retained video records of persons who visit or work in public service buildings. [16942/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The general position is that images of individuals recorded on videotape fall within the definition of personal data for the purposes of the Data Protection Acts 1988 and 2003. These Acts set out the conditions under which such data may be processed, including requirements that personal data must be obtained and processed fairly and be kept only for one or more specified, explicit and lawful purposes. Moreover, such data may not be used in a manner which is incompatible with, or retained for longer than is necessary for, those purposes. Section 10 of the 1988 Act, as amended by the 2003 Act, provides that the Data Protection Commissioner may investigate, or cause to be investigated, whether any of the provisions of these Acts have been, are being or are likely to be contravened.