Written answers

Tuesday, 22 September 2015

Department of Justice and Equality

Data Protection

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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665. To ask the Minister for Justice and Equality if the use of security cameras by private citizens is subject to regulation in terms of protecting the privacy of residents in adjoining properties; and if she will make a statement on the matter. [32103/15]

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)
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While the Deputy will appreciate that I am not in a position as Minister of State of Justice and Equality to interpret the law, or to provide advice on a particular case in response to a Parliamentary Question, I can say that the provisions of the Data Protection Acts 1988 and 2003 generally apply to personal images recorded by means of video cameras unless the recording activity relates to an individual's own personal, family or recreational activities.

Useful information is available on the web site of the Data Protection Commissioner concerning both the statutory obligations placed on those who use CCTV systems to collect personal data and the rights of, and redress mechanisms available to, those whose personal data are processed collected by such means (www.dataprotection.ie).

In cases in which the Data Protection Acts do not apply, i.e. because data are not recorded and retained, the possibility of legal proceedings on the basis of an infringement of constitutional or common law rights to privacy may, depending on the circumstances, arise.

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