Dáil Éireann Debate, Thursday - 20 October 2022
37. Deputy Brian Leddin asked the Minister for Justice her plans to bring forward legislation to enable the use of automatic number plate recognition systems to assist gardaí in their law enforcement duties; and if she will make a statement on the matter. [52445/22]
Amharc ar fhreagraAutomatic Number Plate Recognition (ANPR) was introduced into An Garda Síochána in 2008 and is used on a daily basis to assist in the prevention and detection of crime on our roads network.
The Deputy may also be aware that the Government published the Garda Síochána (Recording Devices) Bill 2022 on 4 August 2022, the text of which is available on the Oireachtas website. This important Bill makes provision for Garda powers to use modern digital technology, including providing for the expanded use of automatic number plate recognition (ANPR).
Part 3 of the Bill deals specifically with ANPR, expanding its use beyond road traffic offences. Going forward, ANPR will be used for the prevention, investigation, detection and prosecution of criminal offences, the protection of the security of the State and the safeguarding against, and the prevention of, threats to public security, including securing public safety and public order.
Its use must be necessary and proportionate. The Bill provides for the automatic transfer of ANPR records from designated third parties on an ongoing basis and provides An Garda Síochána with the power to process those records. Initially, this will be the Dublin Port Company, the National Roads Authority and Dublin Airport Authority PLC, all bodies with extensive ANPR camera networks already in place.
The Bill allows for other bodies to be designated for this purpose and also allows for An Garda Síochána to establish its own cameras in strategic locations if it chooses to do so. It is also expected that ANPR cameras will be attached to many more Garda cars going forward.
In relation to serious offences or national security matters, a member of An Garda Síochána will be able to apply to monitor the movements of a particular vehicle, if they believe that the vehicle in question is connected to an investigation into an arrestable offence or a national security matter.
If a car, subject to focussed monitoring passes an ANPR camera, an alert will be created in a Garda monitoring room. If the period of monitoring is three months or less, a Superintendent not connected to the investigation may approve it, if he or she believes it is necessary and proportionate. Alternatively a Judge may provide the authorisation. The operation of ANPR generally will be subject to oversight by a High Court Judge who will report annually to the Taoiseach.
A Code of Practice relating to the operation of ANPR will also be prepared by the Garda Commissioner. In accordance with Part 8 of the Bill, the Code of Practice will set out the procedures to be used and the requirements relating to confidentiality, security, storage, access, retention, erasure and destruction of data. Part 8 also establishes the requirements for consultation on the Code of Practice which, when finalised, will be submitted to the Minister for Justice and published in a Statutory Instrument.
I would like to assure the Deputy that extensive legal advices have been provided on this Bill and appropriate safeguards are built into the legislation. There will be full compliance with GDPR and the Data Protection Act of 2018. The Data Protection Commissioner was consulted during the preparation of the Bill.
