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Closed-Circuit Television Systems

Dáil Éireann Debate, Wednesday - 5 December 2018

Wednesday, 5 December 2018

Questions (188)

Kevin O'Keeffe

Question:

188. Deputy Kevin O'Keeffe asked the Minister for Justice and Equality if An Garda Síochána will be credited with the position of data protection officer in respect of CCTV cameras approved in their respective areas. [51092/18]

View answer

Written answers

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.

An Garda Síochána is responsible as data controller in relation to Garda CCTV.

Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). Under the 2005 Act as amended, the power to establish the criteria for community CCTV schemes is a matter for the Policing Authority, by order made with the approval of the Government. 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.

Accordingly, the legal requirement for any community CCTV scheme to include the relevant local authority as data controller has been in place since 2006. This is the legal basis for all community CCTV schemes, regardless of how they are funded.

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 on 29 November this year the Data Protection Commissioner’s Office issued a note (available on its website www.dataprotection.ie) confirming that there is a legal basis for community based CCTV and that the General Data Protection Regulation does not introduce new barriers in that regard. In particular, the Office in its note confirmed that: “Data protection legislation does not stand in the way of the roll-out of Community based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”

In relation to the question of monitoring, the Data Protection Commission has explicitly confirmed that local authorities are not required, as a result of their role as data controller, to monitor CCTV live feeds on a continuous basis.

The Data Protection Commission is currently conducting an audit of the practice, operation and governance of CCTV as part of a wider inquiry into surveillance through the use of technologies for law enforcement purposes. We expect the findings from the CCTV module of this process to be of assistance to all concerned and in particular to local authorities.

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