Aerial Platforms can be deployed to protect public safety, for the investigation of criminal offences, to protect the security of the State, or the execution of criminal penalties.
The types of aerial platforms covered by this Code include manned – such as the Garda Helicopter of Fixed Wing Aircraft, or unmanned – such as drones.
Compliance will be monitored in accordance with Garda policy and procedures. This will include the auditing of use, processing of data, and access control requirements. In addition, operators will be subject to training requirement schedules to ensure that they are fully up to date.
Not following the Code may impact on the admissibility of any evidence in subsequent court proceedings. It may also be breach of conduct regulations and in certain circumstances be a criminal offence. Any misuse of personal data may be a personal data breach, reportable to the Data Protection Commission.
Aerial Platforms can be deployed to protect public safety, for the investigation of criminal offences, to protect the security of the State, or the execution of criminal penalties.
The decision to deploy an Aerial Platform must be made using the Garda Decision Making Model. This Model includes the consideration of constitutional and human rights. In addition, all Garda policies and procedures are assessed in line with our human rights screening tool to ensure human rights receive the appropriate consideration.
Any use of Aerial Platforms must be in strict compliance with Garda policies and procedures. Operators will be trained in their lawful use. Decisions and reasons to deploy/ not deploy will be recorded. There will be access controls in respect of who can access and use the data.
While there is no restriction as to the areas that an Aerial Platform can monitor. Extra consideration will be given to the nature of the area, including the sensitivity and nature of any area or persons present prior to deployment.
Photographs, video images and sounds can be collected.
The data can be used for the prevention, investigation, detection or prosecution of criminal offences; safeguarding against, and the prevention of, threats to public security, including securing public safety and public order; the protection of the security of the State or; the execution of criminal penalties.
The data can also be used for in accordance with Garda procedure following a formal request from specified Garda personnel for the disclosure of video on the grounds that it is likely to be of use for the investigation of a particular offence; a requirement under any enactment, rule of law or court order to disclose the video/images; if required where legal proceedings are being taken against An Garda Síochána, the Commissioner of An Garda Síochána, or any member of An Garda Síochána; to counteract the spread of misinformation or disinformation; to individuals whose images have been recorded and retained in response to a subject access request or other valid legal basis for disclosure; to media organisations, where it is decided that the public's assistance is needed to assist in the identification of a victim, witness, or perpetrator in relation to a criminal incident; to media organisations to highlight the work of An Garda Síochána; or training related purposes for An Garda Síochána.
Yes, there is an audit log for the deployment of Aerial Platforms and any subsequent use of the data gathered by this use.
All operators will receive the appropriate training for their function. This will include legal and human rights based training. It may also include any regulatory required training depending on the platform being deployed, such as that required by the Irish Aviation Authority.
Concerns and complaints about the Garda misuse of Aerial Platforms can be raised with Fiosrú, the Police Ombudsman. Concerns and complaints about the use of personal data can be made to the Data Protection Commission. General concerns and complaints can be raised with An Garda Síochána.