James O'Connor (Cork East, Fianna Fail)
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58. To ask the Tánaiste and Minister for Justice and Equality the position regarding the roll-out of community CCTV systems in Garda stations; if GDPR concerns have been addressed; and if she will make a statement on the matter. [35977/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, 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. 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.

In September 2020, the Data Protection Commissioner Helen Dixon wrote to me setting out her concerns with the administration of the community CCTV schemes in Ireland. She noted that the arrangements had not been updated to take account of the GDPR and she suggested that she would use her extensive enforcement powers if there was no radical overhaul of the Community CCTV schemes.

Following receipt of this letter, my officials met with An Garda Síochána and the Data Protection Commission on a number of occasions. Agreement was reached on a proposed new scheme which has been included in the Garda Síochána (Recording Devices) Bill 2022 which has been approved by Government on 21 June 2022 and which will be published in the coming weeks. The new scheme is GDPR compliant.

The new scheme only allows for local authorities or members of An Garda Síochána to be authorised to run community CCTV schemes in the future. Authorisations will last for up to five years. Data protection impact assessments and joint data controller agreements will have to be provided.

Applications for schemes will have to be precise about the number of cameras, the exact location and the extent of their coverage. Specific details about the confidentiality of data, security, storage, retention, erasure and destruction of data will be set out in a Code of Practice to be drafted by An Garda Síochána and to be submitted to the Minister for Justice for inclusion in a Statutory Instrument. It shall be an offence to operate CCTV or to cause CCTV to be operated without the appropriate authorisation or to falsify ,conceal destroy or otherwise dispose of information gathered by CCTV under this legislation.

I am also conscious that I wish to retain community sector involvement in the new scheme even though, they will no longer be able to operate schemes or receive an authorisation. It is my intention that when the Community Safety Partnerships are established under the Policing, Security and Community Safety Bill, this will be the forum where community groups can make the case for having a CCTV scheme in their community. The scheme must get the approval of both the local authority and the Garda Commissioner but it is my intention to retain that important community link.