35. (1) Where a person—

(a) requires an authorisation under this Part to install, operate or both, or to cause to be installed, operated or both, CCTV for a purpose referred to in section 26(1), and

(b) installs, operates or both, or causes to be installed, operated or both, the CCTV concerned without having such an authorisation,

that person shall be guilty of an offence.

(2) A person who—

(a) fails, without reasonable excuse, to comply with section 30(2), subsection (1) or (5) of section 31 or section 32(3), or

(b) fails, without reasonable excuse, to comply with a direction issued to him or her under section 33,

shall be guilty of an offence.

(3) A person who, without lawful authority or reasonable excuse, knowingly does any of the following:

(a) falsifies, conceals, destroys or otherwise disposes of information (including visual or audio information) gathered by CCTV authorised under this Part;

(b) permits the falsification, concealment, destruction or disposal of the information;

(c) causes damage to or destroys the CCTV or part thereof;

(d) permits damage to, or the destruction of, the CCTV or part thereof,

for the purpose of making that information, any document derived therefrom or the CCTV or part thereof unavailable as evidence, shall be guilty of an offence.

(4) A person who induces, coerces or requests, without lawful authority or reasonable excuse, a member of Garda personnel to commit an offence under subsection (3) shall be guilty of an offence.

(5) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(6) A person guilty of an offence under subsection (3) or (4) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.