UPDATED regulations governing the use of CCTV will give gardaí sweeping powers that could infringe on data protection and people’s privacy, a human rights watchdog has warned.

Some of West Cork’s community CCTV cameras were switched off last summer following a dispute between Cork County Council and gardaí over who’s responsible for overseeing the operating system and control of recorded data.

Gardaí recently launched a nationwide public consultation process to finalise a draft code governing third-party live CCTV feeds where gardaí currently do not control the data which could see the dispute resolved.

But the Irish Council for Civil Liberties (ICCL) has raised concerns over the proposed new regulation.

An Garda Síochána regularly uses CCTV footage and stills as part of building a case when prosecuting defendants in the courts. The new code would also allow for third-party footage to be used in evidence.

Olga Cronin, ICCL’s head of policy, said the proposed amendment to the law would give gardaí significant powers, including access to CCTV at private businesses, shopping centres, music venues and sport stadiums.

She said this can happen for up to 72 hours based on internal garda approval, where a garda superintendent, or ranked above, approves an application from another officer.

In cases where authorisation for a longer period is necessary, access would be based on authorisation from the District Court.

‘Failing to comply with this could result in the person owning or operating the third-party CCTV being found guilty of an offence,’ said Ms Cronin.

‘They can also be found guilty of an offence if they knowingly destroy or dispose of any information gathered by the CCTV or cause damage to the
CCTV.’

She added the reasons mentioned in the draft code for authorising live-feed third-party CCTV access were extremely broad: the prevention, investigation, detection or prosecution of criminal offences; safeguarding against and the prevention of threats to public security, including securing public safety and public order; or the protection of the security of the State.

‘Layering on top of this, the application of facial recognition technology and other biometric analysis tools to categorise us further increases the onus on the gardaí to demonstrate the necessity and proportionality of their use.’

Ms Cronin added that the finalised garda CCTV code of conduct would have to be ‘crystal clear about how this power will be used in practice, set out meaningful safeguards and limitations around its use and outline how its use will be audited and monitored to ensure there is no disproportionate use of it’.

An Garda Síochána’s view is that an update of the regulatory framework will further assist with the crackdown on criminal activity.

Acting Deputy Garda Commissioner Paul Cleary said public CCTV is widespread and already subject to strict, updated regulatory frameworks and the new code would complement this.
‘There are approximately 120 public CCTV schemes currently in operation across the country,’ he said.

‘They have proven invaluable in the prevention, investigation, detection and prosecution of criminal offences. This new draft code of practice allows An Garda Síochána to continue supporting communities through the use of CCTV technology.’

Funded by the Courts Reporting Scheme.