Garda Síochána (Recording Devices) Act 2023
Number 32 of 2023
GARDA SÍOCHÁNA (RECORDING DEVICES) ACT 2023
REVISED
Updated to 15 May 2024
This Revised Act is an administrative consolidation of the Garda Síochána (Recording Devices) Act 2023. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Garda Síochána (Recording Devices) Act 2023 (Code of Practice) Order 2024 (S.I. No. 216 of 2024), made 15 May 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 32 of 2023
GARDA SÍOCHÁNA (RECORDING DEVICES) ACT 2023
REVISED
Updated to 15 May 2024
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Operation of Recording Devices by Members of Garda Personnel
9. Operation of recording devices generally
10. Additional provisions regarding operation of body-worn cameras
11. Power to process data obtained under this Part
ANPR
15. Power of member of Garda personnel to utilise ANPR
16. Designation of relevant body by Minister
17. Disclosure of relevant data by relevant body
19. Judicial authorisation of focussed monitoring for more than 3 months
20. Searches of ANPR data retained by Garda Síochána
Recording of Certain Telephone Calls to or from GardA Síochána
22. Designation of certain telephone lines or numbers
23. Power to process data obtained under this Part
Authorisation of Installation and Operation of CCTV for Particular Purposes
27. Authorisation to member of Garda personnel
28. Authorisation to local authority
30. Provisions regarding expiry of authorisation at end of its duration
31. Provisions applying where certain amendments or additions proposed to be made to CCTV
32. Provisions regarding review and revocation of authorisation
34. Power to process data obtained under this Part
Processing by Members of Garda Personnel of CCTV Operated by Third-Party Through Live Feed
38. Live feed processing by member of Garda personnel of third-party CCTV
39. Application by superior officer for authorisation
41. Variation or renewal of authorisation
42. Approval for processing of live feed of third-party CCTV
CCTV in Garda Síochána Premises
44. Authorisation to install or operate CCTV in Garda Síochána premises
45. Power to process data obtained under this Part
Codes of Practice for Parts 2 to 6
47. Codes of practice for Parts 2 to 6
Miscellaneous Provisions
Acts Referred to
Civil Service Regulation Act 1956 (No. 46)
Communications Regulation Act 2002 (No. 20)
Criminal Evidence Act 1992 (No. 12)
Criminal Justice (Surveillance) Act 2009 (No. 19)
Criminal Justice Act 1984 (No. 22)
Criminal Law Act 1997 (No. 14)
Data Protection Act 2018 (No. 7)
Data Protection Acts 1988 to 2018
Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (No. 49)
Garda Síochána Act 2005 (No. 20)
Local Government Act 2001 (No. 37)
Number 32 of 2023
GARDA SÍOCHÁNA (RECORDING DEVICES) ACT 2023
REVISED
Updated to 15 May 2024
An Act to provide that members of Garda personnel may operate, or cause to be operated, recording devices in certain circumstances; to provide for additional conditions regarding the operation of body-worn cameras; to provide for the circumstances in which ANPR data, which includes relevant data from relevant bodies, may be utilised by members of Garda personnel; to provide for the recording of certain telephone calls to or from the Garda Síochána and the processing thereof; to outline the circumstances in which CCTV may be installed or operated for particular purposes; to provide for authorisation by the Commissioner of the Garda Síochána for the installation and operation of CCTV by the Garda Síochána or by a local authority for those purposes; to provide for the repeal of section 38 of the Garda Síochána Act 2005 with associated transitional provisions; to provide that members of Garda personnel may, pursuant to an authorisation given by the District Court or an approval granted by an independent superior officer, process the live feed of CCTV operated by a third party; to provide for the installation or operation of CCTV in Garda Síochána premises pursuant to an authorisation; to provide for the preparation of draft codes of practice in relation to the operation of Parts 2 to 6 and for the Minister to declare them by order to be codes of practice; to make certain provision for the admissibility of evidence; to provide for a review of the operation of Part 3 and Part 6; to amend the Criminal Justice (Surveillance) Act 2009; to provide for certain offences; and to provide for related matters.
[5th December, 2023]
Be it enacted by the Oireachtas as follows: