26. (1) Subject to section 7, a person or body shall not install or operate, or be responsible for installing or operating, CCTV for the sole or primary purpose of recording a public place for—

(a) in the case of a member of Garda personnel acting in the course of his or her duties—

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

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

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

or

(b) in the case of a person or body other than a member of Garda personnel acting in the course of his or her functions, assisting the Garda Síochána with regard to one or more of the purposes referred to in paragraph (a),

other than in accordance with an authorisation given under this Part.

(2) An authorisation to which subsection (1) refers is—

(a) an authorisation given by the Commissioner of the Garda Síochána under section 27 to a member of Garda personnel for the purposes specified in that section, or

(b) an authorisation given by the Commissioner of the Garda Síochána to a local authority under section 28 for the purposes specified in that section.

(3) This Part shall not apply to the following:

(a) the installation or operation of CCTV on any premises by the owner or occupier of the premises for the purpose of safeguarding persons or property on the premises or in its environs;

(b) the installation or operation of CCTV in Garda Síochána premises in accordance with an authorisation given under section 44.