Dáil Éireann Debate, Monday - 11 September 2023
1181. Deputy Patrick Costello asked the Minister for Justice if she will provide clarity around the installation process and approval of CCTV in the public realm the legality of it and the process for which local authorities can apply through An Garda Síochána; and if she will make a statement on the matter. [38380/23]
View answerAs the Deputy may be aware, since 2017 my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.
The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.
The Community-based CCTV scheme is currently governed by section 38(3)(c) of the Garda Síochána Act 2005 (as amended), the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006), GDPR and the Data Protection Act 2018.
This legal framework requires that any proposed community CCTV scheme must:
• be approved by the local Joint Policing Committee,
• have a data protection impact assessment prepared,
• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place, and
• have the authorisation of the Garda Commissioner.
The Garda Síochána (Recording Devices) Bill 2022 will reform CCTV schemes. Under the Bill, community groups will be able to request schemes in their area.
It is envisaged the Local Community Safety Partnerships being established under the Policing, Security and Community Safety Bill, once rolled out nationwide, will be the appropriate body to make the request, given that local residents, Local Authority staff, Councillors and members of An Garda Síochána will all be represented on the Partnerships.
The Local Authorities will take the lead and make the applications going forward and have full responsibility for the implementation of the scheme, and also managing the data protection aspects arising.
