Patrick O'Donovan (Limerick County, Fine Gael)
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731. To ask the Tánaiste and Minister for Justice and Equality if there are plans to bring forward any amending legislation and or regulations in light of the Data Commissioner finding against Limerick City and County Council and if she will make a statement on the matter. [13840/22]

Helen McEntee (Meath East, Fine Gael)
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I am conscious that the rollout of community CCTV schemes across the country has benefitted many communities, helping people to feel safer in their local areas. It is a priority for my Department to ensure that community groups continue to be supported in their valued contributions to their local CCTV schemes whilst ensuring sufficient, proportionate oversight of data protection statutory considerations.

Community-based CCTV is currently governed by Section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 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.

My Department is currently working on a new Bill, the Garda Síochána (Digital Recording) Bill, relating to Garda powers to use modern digital technology including body worn cameras, ANPR and CCTV.  As part of that Bill, it is intended to repeal Section 38 of the 2005 Act and to replace it with new CCTV provisions.

The Data Protection Commission wrote to my Department on 23 September 2020 indicating that there were problems with the administration of CCTV schemes across Ireland.  There was no particular mention of schemes in County Limerick.  In that letter, the DPC offered observations on the draft general scheme of the Garda Síochána (Digital Recording) Bill which are currently being addressed. 

The General Scheme of the Garda Síochána (Digital Recording) Bill was approved by the Government and published on 29 April 2021. The General Scheme was sent to the Office of Parliamentary Counsel for formal drafting, and drafting is continuing. It is the intention to publish the Bill in the second quarter of 2022 and to complete its passage through the Oireachtas later this year.

My Department first became aware of the particular problems in Limerick City and County on 21  January 2022, when the DPC forwarded its report to assist my Department in drafting the new Bill.  I understand that the Council and the Garda authorities are taking steps to address the issues raised by the DPC with a view to ensuring continuity of the CCTV schemes.