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Garda Síochána (Recording Devices) Act 2023
2 versions
· 2023-12-05 — 2025-04-02
2025-04-02
IE-2023-act-32 — consolidated version 2025-04-02
2023-12-05
Garda Síochána (Recording Devices) Act 2023
original version
Text at this date
Changes on 2025-04-02
@@ -1,6 +1,4 @@
# Garda Síochána (Recording Devices) Act 2023
## **PART 1** **PRELIMINARY AND GENERAL**
## PART 1 PRELIMINARY AND GENERAL
##### 1. **Short title and commencement**
@@ -18,6 +16,8 @@
“Act of 2018” means the Data Protection Act 2018;
F1[“Act of 2024”means thePolicing, Security and Community Safety Act 2024;]
“ANPR” means the system or technology commonly known as automatic number plate recognition;
“body-worn camera” means a recording device affixed to or contained in—
@@ -48,9 +48,9 @@
(a) a member of the Garda Síochána, or
(b) a member of the civilian staff of the Garda Síochána who was appointed under, or designated by order under, section 19 of the Act of 2005;
“member of the Garda Síochána” means a member within the meaning of section 3(1) of the Act of 2005;
(b) a member of F2[garda staff within the meaning of theAct of 2024];
“member of the Garda Síochána” means a member within the meaning of F2[theAct of 2024];
“Minister” means the Minister for Justice;
@@ -106,7 +106,7 @@
(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulation.
(3) Every order (other than an order under *section 2*) and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) Every order (other than an order under F3[section 1*(2)]*) and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
##### 4. **Application of Act**
@@ -138,7 +138,7 @@
**6.** (1) Subject to *section 7*, section 38 of the Act of 2005 is repealed.
(2) Notwithstanding the manner of revocation provided for in section 59(3) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, the Garda Síochána (CCTV) Order 2006 (S.I. No. 289 of 2006) is revoked.
(2) Notwithstanding the manner of revocation provided for in section 59 (3) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, the Garda Síochána (CCTV) Order 2006 (S.I. No. 289 of 2006) is revoked.
##### 7. **Transitional provisions**
@@ -154,9 +154,9 @@
(b) in the case of an authorisation given under section 38(3)(c) of the Act of 2005, on its revocation by the Commissioner of the Garda Síochána under section 38(8)(b) of the Act of 2005, or on the expiry of the period referred to in *paragraph (a)*, whichever is the earlier.
## **PART 2** **Operation of Recording Devices by Members of Garda Personnel**
##### 8. **Application of *Part 2***
## PART 2 Operation of Recording Devices by Members of Garda Personnel
##### 8. **Application of Part 2**
**8.** This Part shall not apply to recording devices that are being operated for the purposes of CCTV or ANPR.
@@ -230,7 +230,7 @@
(4) The operation of a recording device under this section—
(a) shall be necessary and proportionate with regard to the purposes of that operation under *subsection* *(2)*, and, where applicable, *subsection* *(3)*, and
(a) shall be necessary and proportionate with regard to the purposes of that operation under *subsection (2)*, and, where applicable, *subsection (3)*, and
(b) shall be presumed to be so necessary and proportionate if that operation is in accordance with an applicable code of practice.
@@ -274,9 +274,9 @@
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
## **PART 3** **ANPR**
##### 13. **Interpretation (*Part 3*)**
## PART 3 ANPR
##### 13. **Interpretation (Part 3)**
**13.** In this Part—
@@ -300,7 +300,7 @@
“relevant data” means the data and documents generated by the operation of ANPR by a relevant body;
“Utilisation of ANPR” means—
“tilisation of ANPR” means—
(a) the operation by a member of Garda personnel of ANPR from a recording device, and
@@ -308,13 +308,13 @@
and cognate expressions shall be construed accordingly.
##### 14. **Application of *Part 3***
##### 14. **Application of Part 3**
**14.** *Parts 5*, *6* and *7* shall not affect the operation of this Part.
##### 15. **Power of member of Garda personnel to utilise ANPR**
**15.** (1) Subject to *sections 18* to *20*, a member of Garda personnel acting in the course of his or her duties may, in accordance with this Part, and, where appropriate, in accordance with a data sharing agreement entered into under *section 17(2)*, utilise ANPR for the following purposes:
**15.** (1) Subject to sections 18 to 20, a member of Garda personnel acting in the course of his or her duties may, in accordance with this Part, and, where appropriate, in accordance with a data sharing agreement entered into under *section 17(2)*, utilise ANPR for the following purposes:
(a) the prevention, investigation, detection or prosecution of criminal offences;
@@ -494,7 +494,7 @@
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
## **PART 4** **Recording of Certain Telephone Calls to or from Garda Síochána**
## PART 4 Recording of Certain Telephone Calls to or from Garda Síochána
##### 22. **Designation of certain telephone lines or numbers**
@@ -568,9 +568,9 @@
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
## **PART 5** **Authorisation of Installation and Operation of CCTV for Particular Purposes**
##### 25. **Interpretation (*Part 5*)**
## PART 5 Authorisation of Installation and Operation of CCTV for Particular Purposes
##### 25. **Interpretation (Part 5)**
**25.** In this Part—
@@ -578,7 +578,7 @@
“operation”, in relation to CCTV, includes the maintenance and monitoring of the CCTV.
##### 26. **Application of *Part 5***
##### 26. **Application of Part 5**
**26.** (1) Subject to *section 7*, a person or body shall not install or operate, or be responsible for installing or operating, CCTV for the sole or primary purpose of recording a public place for—
@@ -758,7 +758,7 @@
**32.** (1) The Commissioner of the Garda Síochána may, if he or she considers it necessary, review an authorisation given under *section 27* or *28*, or the operation of such authorisation.
(2) The Commissioner of the Garda Síochána may, following a review under *subsection (1)* or otherwise, revoke an authorisation given under *section 27* or *28—*
(2) The Commissioner of the Garda Síochána may, following a review under *subsection (1)* or otherwise, revoke an authorisation given under *section 27* or *28*—
(a) for failure to comply with—
@@ -832,13 +832,13 @@
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
## **PART 6** **Processing by Members of Garda Personnel of CCTV Operated by Third-Party Through Live Feed**
##### 36. **Definition (*Part 6*)**
## PART 6 Processing by Members of Garda Personnel of CCTV Operated by Third-Party Through Live Feed
##### 36. **Definition (Part 6)**
**36.** In this Part, “superior officer” means a member of the Garda Síochána not below the rank of superintendent.
##### 37. **Application of *Part 6***
##### 37. **Application of Part 6**
**37.** This Part shall not apply to the processing by members of Garda personnel of CCTV (including live feed of CCTV) that is operated by or on behalf of a local authority under an authorisation given under *Part 5*.
@@ -980,7 +980,7 @@
**43.** (1) A person who owns or operates the third-party CCTV that is specified in an authorisation granted under and in accordance with *section 40*, or varied or renewed under *section 41*, or in an approval granted under *section 42*, or varied under that section, shall comply with the terms of the authorisation or the approval as the case may be.
(2) A person referred to in *subsection (1)* who fails to comply with an authorisation granted under and in accordance with *section 40*, or varied or renewed under *section* *41*, or an approval granted under *section 42* shall be guilty of an offence.
(2) A person referred to in *subsection (1)* who fails to comply with an authorisation granted under and in accordance with *section 40*, or varied or renewed under *section 41*, or an approval granted under *section 42* shall be guilty of an offence.
(3) A person who, without lawful authority or reasonable excuse, knowingly does any of the following:
@@ -1004,7 +1004,7 @@
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
## **PART 7** **CCTV in Garda Síochána Premises**
## PART 7 CCTV in Garda Síochána Premises
##### 44. **Authorisation to install or operate CCTV in Garda Síochána premises**
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(2) In this section, “Garda Síochána premises” shall include—
(a) a Garda Síochána station within the meaning of section 99 of the Act of 2005, and
F8[(a) a Garda Síochána premises within the meaning ofPart 6of theAct of 2024, and]
(b) a premises or structure, including a temporary structure, used by the Garda Síochána, whether on a temporary basis or otherwise, for the purpose of performing its functions,
@@ -1050,11 +1050,11 @@
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
## **PART 8** **Codes of Practice for *Parts 2* to *6***
##### 47. **Codes of practice for *Parts 2* to *6***
**47.** (1) Subject to this section, the Commissioner of the Garda Síochána shall, having had regard to the matters contained in *Parts 2* to *6*, as the case may be—
## PART 8 Codes of Practice for Parts 2 to 6
##### 47. **Codes of practice for Parts 2 to 6**
**47.** (1) Subject to this section, the Commissioner of the Garda Síochána shall, having had regard to the matters contained in Parts 2 to 6, as the case may be—
(a) prepare one or more draft codes of practice, to provide further detail on the operation of those Parts and any associated procedures and, where applicable, on the content of agreements to which those Parts refer, and
@@ -1062,9 +1062,9 @@
(2) Without prejudice to the generality of *subsection (1)*, a draft code or codes of practice referred to in *subsection (1)* shall include provisions—
(a) relating to the procedures to be followed by members of Garda personnel in the operation of *Parts 2* to *6*,
(b) relating to the confidentiality, security, storage, access, retention, erasure and destruction of data gathered as a result of the operation of *Parts 2* to *6*, and
(a) relating to the procedures to be followed by members of Garda personnel in the operation of Parts 2 to 6,
(b) relating to the confidentiality, security, storage, access, retention, erasure and destruction of data gathered as a result of the operation of Parts 2 to 6, and
(c) relating to those sections of this Act that provide that a matter is to be specified, or otherwise contained in, or to be the subject of, a code of practice,
@@ -1078,11 +1078,11 @@
(i) the Minister;
(ii) the Policing Authority;
(iii) the Garda Síochána Ombudsman Commission;
(iv) the Garda Síochána Inspectorate;
F9[(ii) An tÚdarás Póilíneachta agus Sábháilteachta Pobail;
(iii) the Police Ombudsman;]
(iv) F10[…]
(v) the Data Protection Commission;
@@ -1118,11 +1118,11 @@
(8) The Commissioner of the Garda Síochána shall take all reasonable steps to ensure that any code of practice or amendment thereto that is the subject of an order under this section has been brought to the attention of members of Garda personnel.
## **PART 9** **Miscellaneous Provisions**
## PART 9 Miscellaneous Provisions
##### 48. **Admissibility of evidence**
**48.** (1) Documents obtained in accordance with this Act may, subject to this section and any applicable rules of evidence, be admitted as evidence in criminal and civil proceedings and in disciplinary actions.
**48.** (1) Documents obtained in accordance with this Act may, subject to this section and any applicable rules of evidence, be admitted as evidence in F11[criminal, civil and relevant proceedings].
(2) Nothing in this Act is to be construed as prejudicing the admissibility of documents obtained otherwise than as a result of the use, in accordance with this Act, of a recording device.
@@ -1138,13 +1138,9 @@
(5) In any proceedings (including proceedings for an offence), the production of an approval, authorisation or designation under this Act that is purported to be signed by a member of Garda personnel shall, until the contrary is proved, be evidence of the making of the approval, authorisation or designation, as the case may be, without proof of the signature of such member or of his or her official capacity.
(6) In this section, “disciplinary action” means—
(a) any proceedings conducted in accordance with regulations made under section 123 of the Act of 2005, or
(b) disciplinary measures within the meaning of section 15 of the Civil Service Regulation Act 1956.
##### 49. **Review of operation of *Parts 3* and *6***
F11[(6) In this section,“relevant proceedings”means conduct proceedings within the meaning of theAct of 2024or performance proceedings within the meaning ofPart 6of that Act.]
##### 49. **Review of operation of Parts 3 and 6**
**49.** (1) The President of the High Court shall, after consulting with the Minister, invite a judge of the High Court to undertake (while serving as such a judge) the functions specified in this section and, if the invitation is accepted, the Government shall designate the judge (in this section referred to as the “designated judge”) for the purposes of performing those functions.
@@ -1177,3 +1173,4 @@
(b) in section 2, by the insertion of the following subsection after subsection (4):
“(5) This Act shall not apply to processing (including recording) to which the *Garda Síochána (Recording Devices) Act 2023* applies.”.