James Lawless (Kildare North, Fianna Fail)
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59. To ask the Tánaiste and Minister for Justice and Equality the position regarding the issues in relation to the provision of CCTV in local communities with regard to adherence to the GDPR rules; the steps she has taken in examining this issue; the advice available to local community groups in the provision of CCTV in towns and villages; and if she will make a statement on the matter. [42333/20]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, work is at an advanced stage in the Department to prepare a General Scheme of a Bill to provide statutory underpinning for Garda overt recording, which will include CCTV authorised in local communities by the Garda Commissioner.  When enacted, this legislation will replace Section 38 of the Garda Síochána Act 2005.

As part of this work, the Department has engaged in extensive consultations with An Garda Síochána, the Garda Oversight bodies, the Data Protection Commissioner, the Irish Human Rights and Equality Commission and the Irish Council for Civil Liberties. It is intended that the Bill will provide a robust statutory framework for An Garda Síochána’s use of recording devices and will ensure that necessary safeguards are in place in relation to data obtained through the use of any such devices.

Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area.  To date, 29 applications have been approved under the scheme, involving approved grants awarded totalling more than €752,000. 

I can further inform the Deputy that once the new legislation proposed on Digital Recordings has been enacted, a review of the terms and conditions of the scheme will be carried out in the first half of 2021, to bring it into line with this new legislation. 

As the Deputy will be aware, community-based CCTV is governed by section 38(3)(c) of the 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.  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.