Public CCTV

Close Circuit Television (CCTV) in a Public Place Authorisation for Local Authorities

Under the Garda Síochána (Recording Devices) Act 2023, recordings and images captured via public CCTV will be only for policing purposes, the prevention, investigation, detection and prosecution of criminal offences.

In the effort to reduce the incidence of crime, anti-social behaviour, public disorder, vandalism and the general fear of crime, An Garda Síochána in partnership with Local Authorities are in favour of utilising public CCTV systems as an aid to community safety in Ireland. There is also a demand nationally from local communities and business groups for public CCTV systems in their respective towns and cities. Whilst the use of CCTV by An Garda Síochána and Local Authorities can have great merit, its use can have a direct impact on the human rights of individuals. Therefore, its installation and operation needs to be carefully planned and its use, competently managed, complying with data protection law and regulations.

Public CCTV Code of Conduct

The Garda Síochána (Recording Devices) Act 2023 introduces the conditions governing the operation of CCTV in a public place. This includes the need for all public CCTV operating in public areas to have written authorisation from the Garda Commissioner and the need for a Code of Practice to ensure compliance with data protection principles and legislation. The Code of Practice (which undertook public consultation) can be viewed and downloaded below.

Close Circuit Television (CCTV) in a Public Place Code of Practice

Local Community Consultation

Local community consultation process needs to be engaged in as part of the application process for public CCTV. An Garda Síochána and the Local Authority must liaise with the Local Community Safety Partnership (LCSP) as part of a consultation process to decide on issues such as planning, funding, maintenance, location of CCTV hardware and cameras, and the data controller.

LCSP Contact Browser

Technical Specifications

It is a requirement that each camera in the public CCTV system meets the technical specifications set out by An Garda Síochána as per the Public CCTV Code of Practice. The technical specifications document can be viewed and downloaded below.

Technical Specification CCTV

Public CCTV Signage

Primarily, the public CCTV is to act as a deterrent and to prevent crime. A sufficient amount of signage shall be erected to ensure that the public are aware that they are entering an area which is covered by public CCTV. These signs should be clearly visible and legible to members of the public. Such signs shall be compliant with Section 90 of the Data Protection Act 2018. By law, this signage must indicate who is responsible for the system and provide contact information for the Data Protection Officer (DPO). Public CCTV signage in Ireland must also comply with the Official Languages Act 2003, which requires that signage from public bodies be provided in Irish, or in both Irish and English. An example of these signs can be found below.

Authorisation for the use of Public CCTV in a public place by An Garda Síochána or Local Authorities

An application process is required for “authorisation” for An Garda Síochána and Local Authorities in relation to operation, establishment, upgrade or extension of a Public CCTV Scheme under the Garda Síochána (Recording Devices) Act 2023. When either are making an application for a new public or community based CCTV scheme, extending or adding cameras to an existing scheme or on when a scheme requires renewal they must receive the Garda Commissioner’s authorisation to do so. Authorisation under the 2023 Act can only last to a maximum of 5 years.

Sections 27 and 28 of the Garda Síochána (Recording Devices) Act 2023 establish the legal framework and authorisation process for the operation and installation of CCTV in public places across Ireland to prevent crime and protect public security.

Section 27: Authorisations for Garda Personnel

Section 27 allows Garda personnel to apply formally in writing to the Garda Commissioner for authorisation to install or operate CCTV in specific public locations. To obtain approval, the personnel must clearly justify how the CCTV will serve one or more of the following:

The prevention, investigation, detection, or prosecution of criminal offenses.
Safeguarding against and preventing threats to public security (including public safety and public order).
Protecting the security of the State.

Section 28: Authorisations for Local Authorities

Section 28 mirrors Section 27 but applies specifically to Local Authorities (e.g., city or county councils). Because Local Authorities frequently install and maintain public street cameras, this section requires them to apply formally to the Garda Commissioner for permission to operate CCTV systems designed to assist An Garda Síochána in:

Investigating and preventing criminal offenses.
Maintaining public safety, security, and public order.

To assist Local Authorities in the process an application form has been developed and is required to be completed (see application below) before submission to a Garda CCTV Advisory Committee appointed by the Garda Commissioner. A handbook for Local Authorities with a process map has also been developed to assist with these applications and is available below.

Public CCTV Application Form (Local Authority)

Core Requirements for Sections 27 & 28

Under both sections (Section 27 & 28), the applicant (whether a Garda personnel or a Local Authority) must outline:

The exact locations of the cameras.
The specific reasons or purposes for needing the CCTV in those areas.
How the installation and operation will comply with relevant data protection laws and statutory requirements including adhering to the Public CCTV Code of Practice.
Conduct local public consultation.
Comply with the technical specifications.

Time Limit of Authorisation

Under the Garda Síochána (Recording Devices) Act 2023, any authorisation granted by the Garda Commissioner for the installation and operation of CCTV schemes (including those applied for by local authorities or Garda personnel) cannot be longer than 5 years. These authorisations require thorough Data Protection Impact Assessments (DPIAs). Once an authorisation reaches its 5-year limit, it must be officially reviewed and renewed.

Provision for Temporary Validity or Transitional Period for Garda and Community CCTV Schemes Authorised under the 2005 Act

Section 7 of the Garda Síochána (Recording Devices) Act 2023 provides a provision for temporary validity or transitional period for Garda and Community CCTV schemes authorised under the Garda Síochána Act 2005. This allows such CCTV schemes to remain in force for only 4 years from when the Code of Practice was signed by the Minister of Justice, Home Affairs and Migration.

Extending public CCTV schemes beyond the 4-year transition period requires a new application for authorisation, along with confirmed funding to maintain the cameras for at least 5 years.

Community Groups

The 2023 Act, which formally repeals the 2005 CCTV provisions, creates a new regime designed to comply with GDPR. Part of this mandatory transition will no longer allow community groups to apply directly for new authorisations; instead, all public CCTV schemes must be authorised by the Garda Commissioner under the new Act, with authorisations granted specifically to Garda personnel or a Local Authority, as a data controller is required.

Community groups can however engage with their local authority to propose a CCTV scheme. The council acts as the data controller, partners with An Garda Síochána, and submits the required application required.

Offence for Unauthorised Public CCTV

It should be noted that Section 35 of the Garda Síochána (Recording Devices) Act 2023 makes it an offence to install or operate (or cause to be installed or operated) public CCTV cameras without the required official authorisation from the Garda Commissioner.