5 July 2023
The An Garda Síochána (Recording Devices) Bill provides for Automatic Number Plate Recognition (ANPR) without judicial approval; use of drones, body-worn cameras and animal-worn cameras; live access to third-party CCTV; and changing a covert surveillance law such that the definition of “surveillance device” excludes “video cameras” capable of taking “video footage”
ICCL and Digital Rights Ireland have submitted to legislators a comprehensive list of amendments for the An Garda Síochána (Recording Devices) Bill which are necessary to safeguard people’s rights to privacy, data protection, freedom of expression, freedom of assembly, and non-discrimination.
The Bill will vastly expand Garda use of devices capable of recording people and their movements by capturing still images, video footage and sounds in public spaces and places where members of An Garda Síochána have lawful access via the use of drones, body-worn cameras, animal-worn cameras; by using Automatic Number Plate Recognition (ANPR); and by gaining live access to third-party CCTV.
The Bill also proposes to change the Criminal Justice (Surveillance) Act 2009 such that the definition of “surveillance device” excludes “video cameras” capable of taking “video footage”.
Our submitted amendments include, but are not limited to:
- An amendment to ensure that the proposed secret tracking of vehicles by Gardaí is only carried out if the measure is approved by a judge.
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- The Bill currently provides that a Superintendent, or a higher ranking Garda, can approve a member of Garda personnel to use Automatic Number Plate Recognition (ANPR) to carry out “focussed monitoring” of a particular vehicle for at least three months. This provision was not in the General Scheme of the Bill and therefore not subjected to pre-legislative scrutiny.
- An amendment to ensure all types of recording devices or systems used are specified in a relevant code of practice and/or the insertion of a new section requiring the online publication of a rolling list of all devices approved for usage under this legislation.
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- The Bill currently provides a broad definition of “recording device” such that it could amount to any tool, device or system that can record still images, video imagery or sounds. It fails to provide a means for the public to know what specific types of recording devices or systems will be used. In the interests of democracy and transparency, we must know what tools are used to monitor us.
- An amendment to explicitly provide that pilot schemes are carried out for each type of recording device prior to their general deployment by An Garda Síochána.
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- These schemes should test the effectiveness of a device for a specified purpose and facilitate a human rights impact assessment, privacy impact assessment and a Data Protection Impact Assessment where necessary.
- An amendment to delete a section which seeks to amend the Criminal Justice (Surveillance) Act 2009 such that the definition of “surveillance device” excludes “video cameras” capable of taking “video footage”.
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- This has the net effect of changing a covert surveillance law such that the definition of “surveillance device” excludes “video cameras” capable of taking “video footage”. No justification for this move has been provided and, in the absence of such, it should be removed.