Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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538. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the resistance of local authorities to become the data controller for a scheme (details supplied); if her Department has issued further guidelines to local authorities on this issue; and if not, if her attention has been drawn to the fact a local organisation is eager to apply but is aware of the current impasse with data protection and cannot progress their application. [31581/20]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, community-based CCTV is governed by section 38(3)(c) of Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee;

- have the prior support of the relevant local authority, which must also act as data controller, and

- have the authorisation of the Garda Commissioner.

This is the legal basis for all community CCTV schemes, regardless of how they are funded and these key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country. As part of the application process the Local Authority must provide assurance that they will act in the data controller role.

My Department is currently in correspondence with the Data Protection Commissioner regarding the structure of the scheme as it relates to data protection. The Department will review the proposed An Garda Síochána (Digital Recordings) Bill in light of the issues raised.

The Department is not aware of the issue raised by the Deputy in relation to Bailieborough, Co Cavan. Applications for the CCTV Scheme are only forwarded to my Department once they have been through the application process in place with An Garda Síochána and they have been approved by the Garda Commissioner. I am advised however that An Garda Síochána have liaised with both Community Groups and Cavan County Council on a regular basis to assist in advancing all submitted applications relating to Community Based CCTV, and that they will continue to do so.