Richard Bruton (Dublin Bay North, Fine Gael)
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219. To ask the Minister for Communications, Climate Action and Environment the restrictions that apply to the use of CCTV for enforcement against breaches of waste and litter legislation. [18101/21]

Eamon Ryan (Dublin Bay South, Green Party)
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The use of CCTV and other Audio-Visual recording equipment in assisting waste enforcement efforts is primarily an operational decision for local authorities.  I understand that in 2020, the Data Protection Commission (DPC) initiated a number of investigations into the use of CCTV and other Audio-Visual Recording (AVR) equipment by a number of  State agencies (including An Garda Síochána and Local Authorities) in support of their various functions. It is noted that these investigations were not limited to waste enforcement matters and are ongoing.

My Department received correspondence in September 2020 from the DPC outlining concerns around the legal basis for the use of CCTV cameras by local authorities in the enforcement of waste and litter legislation and in particular the data processing element of such usage. The DPC view is that the Litter Pollution Act 1997, the Waste Management Act 1996, and the Local Government Act 2001 do not regulate data processing as required by the Law Enforcement Directive.

The Government's “Waste Action Plan for a Circular Economy”, published in September 2020, contains a commitment to ensure that all waste enforcement legislation will be “data proofed”. My Department is currently working on a Circular Economy Bill which will include provisions to give effect to this commitment. This will help to ensure that the processing of personal data, associated with CCTV usage, can be carried out by local authorities, in order to protect our environment from the scourge of illegal dumping, while at the same time respecting the privacy rights of citizens.

My Department continues to work closely with the EPA and the Waste Enforcement Regional Lead Authorities through the National Waste Enforcement Steering Committee to ensure that the legislation in place is robust and effective in assisting their enforcement efforts.