Many countries, including Ireland, have a web of laws that protect certain aspects of privacy. Several common law torts and a series of common law crimes and statutory offences are relevant in the context of surveillance. However, as scientific advances and technological developments have opened up new opportunities and possibilities for surveillance, concerns in relation to the invasion of privacy have been increasing.
In so far as the use of closed circuit television cameras are concerned, I am pleased to say that legislative changes are pending in two important areas. Firstly, as the House is aware, I have published the Private Security Services Bill, 2001, with a view to establishing the private security authority. The role of the authority will be to operate a licensing system in order to control and supervise companies and individuals providing security services. All suppliers and installers of security equipment, including closed circuit television cameras, and persons monitoring such security equipment, will come within the scope of the Act and it will be an offence to provide such a service without a licence. The aim is to maintain and improve standards across the private security industry. Applicants for licences will have to provide such references as to the applicant's character, financial position and competence as the authority may require. The authority may investigate any security service being provided by any person and will also investigate complaints against licensees in relation to the provision of security services.
The second legislative initiative relates to data protection. In the coming weeks, I will publish a Bill to amend the Data Protection Act, 1988. This Bill will strengthen existing provisions in relation to processing of personal data and it will involve protection of information obtained by means of closed circuit television cameras. In addition, my Department, the Office of the Data Protection Commissioner and the Garda are currently in discussion with a view to drawing up a code of practice for this whole area which may eventually be given the force of law under the Data Protection Act.
The installation of closed circuit cameras and other security equipment on buildings is, of course, subject to the normal requirements concerning planning permission. However, this type of development may be exempt from the requirement to seek planning permission where, in accordance with section 4 of the Local Government (Planning and Development) Act, 1963, it affects only the interior of the structure, other than a protected structure, or does not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures. Any dispute about whether a particular security installation is exempted development may be referred to An Bord Pleanála for determination. No special planning guidelines or criteria have been issued in respect of these installations.