22. (1) Telephone calls to or from the Garda Síochána shall not be recorded by the Garda Síochána unless—

(a) they are transmitted to or from telephone lines or numbers designated in accordance with this Part, or

(b) the recording is otherwise authorised by law.

(2) The Commissioner of the Garda Síochána may, subject to subsection (3), designate in writing the following telephone lines or numbers (whether by description or by reference to the numbers or otherwise), or classes of telephone lines or numbers, that may be recorded by the Garda Síochána in accordance with any applicable code of practice:

(a) emergency telephone lines or numbers transmitting—

(i) emergency calls, within the meaning of section 58A of the Communications Regulation Act 2002, to the Garda Síochána, and

(ii) other telephone calls of an emergency nature to or from the Garda Síochána;

(b) non-emergency telephone lines or numbers transmitting calls—

(i) which in the reasonable opinion of the Commissioner of the Garda Síochána are necessary to record, having regard to the purposes specified in subsection (3), and

(ii) on which the person making and receiving the call is informed that the call is being recorded, and of the purpose of the recording.

(3) The Commissioner of the Garda Síochána shall not designate telephone lines or numbers under subsection (2) unless—

(a) such designation is for the purpose of—

(i) the prevention, investigation, detection, or prosecution of criminal offences,

(ii) the execution of criminal penalties,

(iii) safeguarding against, and the prevention of, threats to public security, including the securing of public safety and public order,

(iv) the protection of the security of the State,

(v) the performance of any other functions of the Garda Síochána, or

(vi) the performance of his or her functions as Commissioner, including for the purposes of maintaining quality of service and the training of members of Garda personnel,

and

(b) he or she is satisfied that the designation is necessary and proportionate having regard to the purpose of such designation under paragraph (a).

(4) This section shall not apply to recorded audio or visual (including video) messages or other such recordings sent by, and with the consent of, the sender of the message or recording.

(5) In this section, “telephone call” includes any electronic communication that is used to access a telephone line or number to or from the Garda Síochána.