As required under Sections 22 & 33 of the Circular Economy and Miscellaneous Provisions Act 2022, the Local Government Management Agency (LGMA) are currently working on the preparation of these Codes of Practice, which will be submitted to me, as Minister, for approval on completion. This a complex process and requires consultation with, inter alia, the Minister for Environment, Climate and Communications, the Minister for Housing, Local Government and Heritage, the Minister for Justice, and the Data Protection Commission. Separate Codes of Practice are required for the operation of CCTV schemes under both the Litter Pollution Act and the Waste Management Act, while a further Code of Practice is required for the use of “mobile recording devices” under the Waste Management Act. Data Protection Impact Assessments (DPIAs) must also be prepared as part of this process. The approval process will begin on receipt of the draft Codes of Practice, timescales regarding their submission are a matter for the LGMA..
Following approval by the Minister, the Codes of Practice must be laid before both Houses of Oireachtas by the LGMA and published on a website maintained by or on behalf of the Minister or the Government. Local authorities will only be in a position to initiate litter and waste enforcement measures involving the GDPR compliant use of technologies such as CCTV when this process is entirely complete.
Furthermore, in proposing to install/operate CCTV schemes, local authorities will be required to prepare a site management plan in respect of each individual scheme, setting out proposed arrangements for the monitoring, recording and disclosing of the images produced and for preserving the recordings, within the meanings assigned under the Data Protection Act 2018. Data Protection Impact Assessments must also be completed in accordance with section 84 of the Data Protection Act 2018.
