STATUTORY INSTRUMENTS

S.I No. 289 of 2006

Garda Síochána (CCTV) Order, 2006

Garda Síochána (CCTV) Order 2006

The Government, in exercise of the powers conferred on them by section 38(5) of the Garda Síochána Act 2005 (No. 20 of 2005), hereby order as follows:

1.  This Order may be cited as the Garda Síochána (CCTV) Order 2006.

2.  In this Order -

-�Act-� means the Garda Síochána Act 2005.

-�CCTV-� means any fixed and permanent system employing optical devices for recording visual images of events occurring in public places.

3.  This Order comes into operation on 30^th May, 2006.

4.  The following criteria are to be met under section 38(3)(c) of the Act by persons whose applications to the Garda Commissioner for authorisation of the installation and operation of a CCTV in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area:

(a)      they are capable of installing and operating the CCTV efficiently,

(b)      they, and any persons to be involved with them in the management, operation or control of the CCTV, are of good character,

(c)      the application for authorisation includes the following details:

(i)       the name and address of each person connected with the application,

(ii)      the sources of funding for the CCTV,

(iii)     the location of the optical devices used in it and the extent of their coverage,

(iv)     the arrangements for monitoring, recording and disclosing the images produced and for preserving the recordings,

(d)      the application also includes an undertaking by the local authority concerned that it will act as a data controller in respect of the CCTV for the purposes of the Data Protection Acts 1988 and 2003,

(e)      they undertake that -

(i)       they will give members of the Garda Síochána access at all times to the CCTV for the purposes of supervising and controlling its operation and retrieving information or data recorded by it,

(ii)      they will comply with any directions of the Chief Superintendent of the Garda Síochána in charge of the Division concerned in relation to the location or coverage of the optical devices used in the CCTV, and

(iii)     the CCTV will at all times comply with any technical specifications that may be issued by the Garda Commissioner and be operated in accordance with any code of practice for such systems which may be so issued.

GIVEN under the Official Seal of the Government,

this 30^th day of May, 2006.

Bertie Ahern

TAOISEACH

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

1.   Section 38 of the Garda Síochána Act, 2005 regulates the use of CCTV in public places by members of the Garda Síochána or other authorised persons.

2.   Section 38(3) describes three categories of persons who may be authorised by the Garda Commissioner to install and operate CCTV systems. The category described at 38(3) (c) is -�persons who meet established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area-�.

3.   Section 38(5) of the Act states that -�the Government shall, by order, establish criteria for the purposes of subsection (3) (c) and may establish different criteria for different classes of applicants for authorisation-�.

4.   The Minister for Justice, Equality and Law Reform consulted with the Garda Commissioner as to what appropriate criteria should be established for the purposes of subsection (3) (c) of the Act.

This Order establishes the criteria for the purposes of section 38(3)(c).