Barry Ward (Dún Laoghaire, Fine Gael)
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396. To ask the Tánaiste and Minister for Justice and Equality his views on the merits of creating legislation that would limit the ability of professional photographers to take photos at funerals; if any research has been carried out by his Department in this regard; and if he will make a statement on the matter. [67366/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank the Deputy for clarifying that this matter refers to ‘photographers taking photos for the purpose of publishing by media outlets’. The use of imagery in broadcast, VOD or online media is the responsibility of Coimisiún na Meán, which falls under the remit of the Department of Culture, Communications and Sport.

I am not aware of any research having been carried out by my Department in relation to legislating to limit the ability of professional photographers to take photos at funerals and it is not a matter that is under consideration.

The Press Council’s Code is a set of principles which member publications agree to uphold in the material they publish, and in the behaviour of their journalists.

Principle 5.3 of the Code provide that sympathy and discretion must be shown at all times in seeking information in situations of personal grief or shock. In publishing such information, the feelings of grieving families should be taken into account.

Complaints in relation to journalistic behaviour, articles and photographs published by members of the Press Council, can be made to the Press Ombudsman.

Images of individuals constitute “personal data” under the General Data Protection Regulation (GDPR). The capturing of a person's image and its subsequent use constitutes processing of personal data within the meaning of the GDPR. As with any processing of personal data, the recording of identifiable images of persons must have a legal basis under the data protection legislative frameworks. Individuals have a right to have their personal data processed in a manner that complies with data protection law.

However, the GDPR expressly recognises the need for Member States to take account of the importance of the right to freedom of expression and information in the context of data protection. In accordance with Article 85 GDPR, Section 43 of the Data Protection Act 2018 provides in Irish law for exemptions to a range of provisions of the GDPR for processing for the purpose of exercising the right to freedom of expression and information, including processing for journalistic purposes.

Anyone who has concerns in relation to a breach of the GDPR, should contact to the Data Protection Commission.