Dáil Éireann Debate, Tuesday - 19 June 2018
252. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he remains satisfied that the introduction of the general data protection regulation, GDPR, does not diminish or impede the way or extent to which An Garda Síochána can investigate crime, with particular reference to reliance on CCTV or triangulation in County Kildare or elsewhere throughout the country; and if he will make a statement on the matter. [26359/18]
Amharc ar fhreagraThe 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.
I am informed by the Garda authorities that they do not consider the introduction of the General Data Protection Regulation (GDPR) to impede the way or extent to which An Garda Síochána can investigate crime, including in respect of reliance on CCTV or triangulation in County Kildare or elsewhere throughout the country.
First, as the Deputy will be aware, EU Directive 2016/680 of the European Parliament and of the Council of 27 April 2016 – commonly referred to as the Law Enforcement Directive (LED) - was transposed into national law in Part 5 of the Data Protection Act 2018. This applies to personal data processed by competent authorities for the purposes of prevention, investigation, detection, and prosecution of criminal offences or the execution of criminal penalties. The GDPR applies to all other processing of personal data.
Second, in relation to GDPR, section 41(b) of the Data Protection Act 2018 provides that without prejudice to the processing of personal data for a purpose other than the purpose for which the data has been collected which is lawful under the GDPR, the processing of personal data and special categories of personal data for a purpose other than the purpose for which the data has been collected shall be lawful to the extent that such processing is necessary and proportionate for certain other purposes, including preventing a threat to national security, defence or public security and preventing, detecting, investigating or prosecuting criminal offences.
