Do the Gardaí have to obey data protection laws?

In general, the Gardaí must obey data protection laws, but there are some exceptions to do with maintaining security and preventing crime. The Gardaí have a data protection code of practice that covers how they use, keep and destroy personal information.  

 Can the Gardaí take a picture or video of me?

There is nothing to stop Gardaí taking photographs or video footage in public or in a Garda station. However, they must not harass you, follow you about in public or interfere with your private or business life unless they have a very good reason. If they do take pictures or video footage, they must obey data protection law. 

 Gardaí may use the photographs or video as evidence against you. However, they can only use these images as evidence if they had permission from a judge or senior Garda to take the photographs or video images.  See the previous section, Surveillance.

 Can I take a photograph of a Garda?

Yes. However, a Garda can confiscate (take away) your camera or camera phone if they believe the image relates to a crime. They are not allowed to delete the image itself.

 How can I find out what information the Gardaí hold on me?

You can make a request to the Gardaí on a Data Protection Access Request form. This form is available on the Garda website, www.garda.ie, in the FAQs section.  

 If you cannot access the form, you can also write to the Gardaí to ask for a copy of the personal information that they hold about you (see contact details for the Garda Vetting Unit at the end of this pack). 

Your letter should include:

• your full name (including any previous name);
• your date of birth;
• your current address and former addresses (if any); and
• your signature.

 When sending the form or letter, you should include:

• a copy of your passport, driving licence, birth certificate or other identification (ID); and
• a cheque or postal order for €6.35.

 What is the Garda PULSE system?

This is the computer system that the Gardaí use in their work. PULSE stands for Police Using Leading Systems Effectively.

 If you come into contact with the Gardaí for any reason, even to report a crime, they will enter your details onto the PULSE system.  The system also includes anyone who is listed on the Register of Voters. 

 What type of information about me can the PULSE system hold?

The PULSE system contains information about:

• recording crime;
• traffic management;
• progression of criminal cases through the courts, including the outcome;
• firearms licensing;
• driver licences;
• insurance;
• character vetting.

 The PULSE system must follow the rules of the Gardaí’s code of practice on data protection. This means that information can only be put on the system for a clearly stated purpose and there must be controls over who can see the information.

 What should I do if I think the information about me on the PULSE system is wrong?

First, you should ask to see what information the Gardaí hold about you. For help on how to do this, see the answer to the question ‘How can I find out what information the Gardaí hold about me?’

 If you check the information and it is factually incorrect, you should contact the Gardaí, explain the situation and ask them to correct the records. 

 What should I do if I am concerned about the personal information that is held on PULSE?

If you think that someone has viewed your personal information who shouldn’t have, or if you have other data protection concerns, contact the Office of the Data Protection Commissioner or talk to a solicitor.

 If you have a complaint about a Garda’s use of your personal information on PULSE, you can contact the Garda Síochána Ombudsman Commission (see contact details at the end of this pack).

 What is the ANPR traffic system and what does it do?

ANPR stands for automatic number plate recognition. The ANPR system lets Gardaí take a digital photograph of a car and the people in it. The system can also read the number plates of passing cars from a roadside camera.

 If you have a complaint about a Garda’s use of ANPR, you can contact the Garda Síochána Ombudsman Commission or the Office of the Data Protection Commissioner (see contact details at the end of this pack).

 When I took part in a peaceful march or protest, the Gardaí asked me for personal information.  Can they do this?

You have a right to your privacy. However, in some situations, the Gardaí can ask for personal information such as your name and address. Under public order laws, it is an offence if you fail to give your name and address when a Garda asks for it.    

 When can Gardaí take my fingerprints?

Gardaí can take your fingerprints when you are detained in a Garda station. 

See the ICCL pack 'Know Your Rights: Criminal Justice & Garda Powers for more information on Garda powers around DNA, blood and urine testing.

Gardaí can also take your fingerprints if you are not a national of the European Economic Area (EEA). For example, you must give your fingerprints if you are applying for asylum or if the Garda National Immigration Bureau (GNIB) asks for them.

The EEA consists of all the countries in the European Union as well as Iceland, Liechtenstein and Norway. 

What if I refuse to let the Gardaí take my fingerprints ?

The Gardaí can use reasonable force to take your fingerprints. 

Do I have to allow Gardaí to carry out a DNA test?

No, you may refuse a DNA test. However, it is important to be aware that if the Gardaí ask to take a swab for a DNA test and you refuse, your refusal could be used as evidence of your possible guilt in court at a later stage. 

Do I have to give a blood or urine sample?

A blood test can only be taken if you agree to it.  But, if a Garda asks for a sample of your blood, breath or urine because he or she suspects you of drink driving, it is a criminal offence to refuse. This means that the Garda could arrest and charge you.