Recording of Telephone Calls FAQ

An Garda Síochána is introducing a Code of Practice for the recording of telephone calls to ensure that all call recording activity is carried out in a lawful, transparent, and consistent manner. The Code will provide clarity for staff on how recorded calls may be accessed, stored, and used, while ensuring AGS meets its obligations under data protection legislation, including GDPR and the Data Protection Acts. It ultimately reflects An Garda Síochána's commitment to transparency, accountability, and the protection of individual rights.

An Garda Síochána records certain designated telephone lines under powers provided by Part IV of the Garda Síochána (Recording Devices) Act 2023, primarily to support the investigation and detection of criminal offences and to maintain quality of service and support the training of Garda personnel.

The Garda Síochána (Recording Devices) Act 2023 provides the legal framework. Part IV of the Act sets out the powers of the Commissioner to designate telephone lines or numbers for recording. Part VIII of the Act requires that a Code of Practice be put in place governing this activity.

The Commissioner of An Garda Síochána has the power under section 22 of the (Recording Devices) Act to designate telephone lines or numbers in writing. Designation can only occur for specific statutory purposes set out in this Act.

The Commissioner is responsible for the designation of telephone lines. All members and Garda personnel are required to comply with the Code. Supervisory personnel are responsible for ensuring appropriate oversight and compliance at an operational level.

No. The Code applies only to telephone lines or numbers formally designated in writing by the Commissioner under Part IV of the (Recording Devices) Act. Not all Garda telephone lines are designated for recording.

Where a non-emergency telephone line is designated for recording, the person making and receiving the call must be informed that the call is being recorded and of the purpose of the recording. This notification may be delivered by automated message or other appropriate means. In respect of emergency lines, separate provisions apply under the (Recording Devices) Act.

The Code is grounded in the principles of legality, necessity, proportionality and purpose limitation. Recordings may only be made on designated lines and only for specific statutory purposes. The Code requires full compliance with the Data Protection Acts 1988–2018, the General Data Protection Regulation (GDPR), and the European Convention on Human Rights. In order to further safeguard the rights of callers, a full Human Rights Impact Assessment has been undertaken in relation to the Code of Practice, ensuring that any interference with an individual's right to privacy is lawful, justified, and proportionate.

Only authorised personnel who have been appropriately vetted will have access to recorded telephone data. Data may be disclosed to third parties, such as the Office of the Director of Public Prosecutions, where there is a lawful requirement to do so.

Recorded telephone data will only be disclosed to third parties where there is a legal basis for doing so, in accordance with section 23 of the (Recording Devices) Act and applicable data protection legislation. All relevant security requirements will be implemented to prevent unauthorised access.

The Code of Practice requires that recorded telephone data be protected against unauthorised access and safeguarded from falsification, concealment or unlawful destruction. Governance and compliance arrangements will be in place to support this.

The Code strictly limits the use of recorded telephone data to the purposes for which designation was made, in accordance with the principle of purpose limitation and section 23 of the (Recording Devices) Act.

All submissions received during the public consultation will be considered before the Code of Practice is finalised. Engagement with relevant Government departments will also take place alongside the public consultation.