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Closed-Circuit Television Systems

Dáil Éireann Debate, Thursday - 28 February 2019

Thursday, 28 February 2019

Ceisteanna (104)

Robert Troy

Ceist:

104. Deputy Robert Troy asked the Minister for Justice and Equality if research has been carried out into the possibility of allowing county councils to become data controllers for community CCTV schemes nationally; and his views on whether this would resolve issues surrounding data protection which is limiting the involvement of a number of communities. [10108/19]

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Freagraí scríofa

The Deputy may wish to be aware that all community CCTV schemes are governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). 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.

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 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.

The Deputy may also wish to be aware that on 29 November 2018 the Data Protection Commission 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 DPC 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.”

I understand that 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.

As the Deputy will be aware, the Programme for a Partnership Government commits to supporting investment in CCTV systems. A grant-aid scheme is administered by my Department to support groups wishing to install CCTV systems in their localities. Under the scheme, eligible groups including community groups and local authorities can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000 per scheme.

I am keen to ensure that all interested groups have the opportunity to avail of the grant aid in question. If the Deputy is aware of any interested groups, I would encourage them to review the details of the grant aid package, available on my Department's website www.justice.ie or to make contact with my officials through the direct access email address communitycctv@justice.ie for further assistance.

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