Brian Stanley
Question:400. Deputy Brian Stanley asked the Minister for Justice and Equality if a decision has issued on the impasse of the data controller for rural community CCTV systems. [44965/18]
View answerTuesday, 6 November 2018
Questions (400)
Written answers
The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither type of CCTV system may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.
Community CCTV is governed by section 38 of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must-
- be approved by the local Joint Policing Committee,
- have the authorisation of the Garda Commissioner, and
- have the prior support of the relevant local authority, which must also act as data controller.
This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment.
In accordance with this legal framework, I understand that the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.
Nonetheless, my Department is engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.
The Deputy may also wish to be aware that the Data Protection Commissioner’s Office has confirmed as recently as May of this year that it does not have any concerns on the legislative basis for CCTV. However it is currently conducting an audit of the practice, operation and governance of CCTV. We expect findings from this process to be of assistance to all concerned and in particular to local authorities.
Finally, I would recall that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.
There have to date been 27 applications to the scheme. 20 applications have been approved, with grant aid totalling more than €500,000 approved from the total €1 million available for 2018. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.
I am keen to ensure that all interested groups, in both rural and urban areas, take advantage of the availability of this grant aid scheme. If the Deputy is aware of community groups wishing to avail of the scheme, I would point out that full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie.