3rd Party Live CCTV Feeds FAQ

3rd party live CCTV feeds are CCTV footage made by a controller who is a 3rd party to An Garda Síochána and which is provided as a monitor feed to An Garda Síochána. An Garda Síochána will not be recording any of the images on the 3rd party live feed.

3rd party live CCTV feeds may be used to tackle a range of offences, including drug-related crimes, vehicle and property crimes, public order offences and policing major events and state events. This will allow An Garda Síochána to use existing third party CCTV systems where such activity will be likely to achieve one or more relevant policing principles of An Garda Síochána set out in Section 4 of the Policing, Security and Community Safety Act 2024, or the functions of the Security services set out in Section 3 of the Policing, Security and Community Safety Act 2024.

An Garda Síochána acknowledges the nodal governance of policing and community safety where security of a location is delivered through a network of diverse corporate, stae and civic actors as nodes, such as An Garda Síochána, property owners, private security and businesses. Nodal policing focuses on enhancing the safety and security of flows of people, information and goods through key infrastructure which function as ‘nodal assemblages’ and which might occur at certain times, such as a major event, state visit or where An Garda Síochána believe a crime or serious event is likely to occur. Maximising on nodal policing means being able to ‘tap’ into existing CCTV systems where it is necessary to achieve one or more relevant policing principles of An Garda Síochána set out in Section 4 of the Policing, Security and Community Safety Act 2024, or the functions of the Security services set out in Section 3 of the Policing, Security and Community Safety Act 2024. This provides An Garda Síochána with enhanced vision of events occurring on the ground at these nodes.

Whilst the use of these 3rd party CCTV feeds by An Garda Síochána will benefit the public, it can also have a direct impact on the human rights of individuals. Therefore, such activity will be in accordance with law and subject to Garda policies and procedures and governed by a Code of Practice.

The Garda Síochána (Recording Devices) Act 2023 was enacted on 5th December 2023. This Act provides the current legal framework for the use of various recording devices. Part 8 of this Act stipulates a Code of Practice on 3rd party live CCTV is required.

As part of developing this Code of Practice, An Garda Síochána conducted a public consultation seeking submissions for any views or observations on the draft Code of Practice.

In addition to seeking the views of the public the Garda Commissioner was also mandated to seek views from the:

• The Minister for Justice, Home Affairs and Migration
• Policing and Community Safety Authority (PCSA)
• Fiosrú, the Office of the Police Ombudsman
• Irish Human Rights and Equality Commission (IHREC)
• The Data Protection Commission

Prior to the Code of Practice being issued in a Part 8 consultation process, a Human Rights Impact Assessment was conducted and a Data Protection Impact Assessment will also be conducted before the Code of Practice can be considered by the Minister for Justice, Home Affairs and Migration for publication as a Statutory Instrument.

Footage or images containing identifiable individuals captured by CCTV systems are personal data for the purposes of data protection law and may have an impact on rights and freedoms of members of the public.

Before authorising or approving processing by Members of Garda Personnel of CCTV operated by third party though live feed, the authoriser, a District Court judge, or an Approver, a Superintendent,  must consider whether the proposed activity would be a proportionate means of achieving the policing principles of An Garda Síochána set out in Section 4 of the Policing, Security and Community Safety Act 2024, or the functions of the Security services set out in Section 3 of the Policing, Security and Community Safety Act 2024, in light of the impact of the activity on the rights and freedoms of members of the public.

If the proposed activity is not proportionate, the authoriser or approver must not authorise the proposed Activity.

The impact of an activity on the rights and freedoms of members of the public will vary, depending on the characteristics of the activity. The guiding principles contained in the code of practice are intended to assist the authoriser or approver in assessing the proportionality of the proposed activity.

Note: It should be emphasised that an approval should only be obtained where an authorisation cannot be obtained from a District Court.

Subject to Section 41 of the Act of 2023, an authorisation shall expire on the day fixed by the judge that he or she considers reasonable in the circumstances and that is not later than 6 months from the day on which it is given.

A superior officer may make an application to the District Court in accordance with section 40 (1) of the Act of 2023 for a variation or renewal of an authorisation (i.e. the ‘original authorisation’), and the judge to whom the application is made may, if they are satisfied by information on oath of the superior officer justifying the variation or renewal of the original authorisation

vary the authorisation, or Renew the authorisation, on the same or different conditions, for such further period, not exceeding 6 months, as the judge considers appropriate.

In cases of urgency a member of Garda personnel may, in accordance with Section 42 of the Act of 2023, process CCTV operated by a third party through a live feed without an authorisation granted under Section 40 of the Act of 2023 if such processing has been approved by a superior officer who is independent of the investigation or matter in relation to which the approval is being sought (in this section referred to as an “independent superior officer”).

This access is limited to a period of 72 hours but may be extended in extenuating circumstances by way of an application pursuant to Section 39 of the Act of 2023 to a District Court.

No, the primary legislation governing this activity, i.e. Part 6 of the Garda Síochána (Recording Devices) Act of 2023 refers to ‘live feeds’ only and as such no recordings will be made or retained by An Garda Síochána. Rather should recordings have been made by the controller of the CCTV system and be required it will be necessary for Members of Garda Personnel to obtain recordings of the third party CCTV in the conventional approach provided pursuant to Section 41 (b) of the Data Protection Act 2018.

In the context of the provisions of Section 41 (b) of the Act of 2018, (i.e. processing is necessary and proportionate for the purposes of (a) of preventing a threat to national security, defence or public security, (b) of preventing, detecting, investigating or prosecuting criminal offences, or (c) set out in paragraph (a) or (b) of section 47 of the Act of 2018), the data can be retained on an ongoing basis subject to regular review in line with the National Archives Act 1986, internal policies and procedures.

Pursuant to Section 7 of the Criminal Justice Act 2006 where the data sought and obtained under Section 41 (b) of the Act of 2018 is data that a Member of An Garda Síochána has reasonable grounds for believing is evidence of, or relating to, the commission of an arrestable offence, he or she may seize and retain the data for use as evidence in any criminal proceedings for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings. The power under this section to seize and retain evidence is without prejudice to any other power conferred by statute or otherwise exercisable by a member of the Garda Síochána to seize and retain evidence of, or relating to, the commission or attemptedcommission of an offence.