IHREC Submits Report to the Minister for Justice Regarding the proposed Garda Síochána (Digital Recording) Bill
The Irish Human Rights and Equality Commission and its predecessor body, the Irish Human Rights Commission, have previously highlighted a range of human rights and equality concerns relating to the recording and storing of images, and the adequacy and effectiveness of safeguards in Irish law surrounding the use of CCTV cameras for the investigation or detection of offences.
IHREC has a number of specific concerns with the proposals under the General Scheme to provide a legislative basis for the deployment and use of body-worn cameras and other recording devices by An Garda Síochána and the extension of the circumstances in which Closed Circuit Television (‘CCTV’) and Automatic Number Plate Recognition (‘ANPR’) devices may be used by An Garda Síochána.
While the Commission will have consultative role in the development of the codes of practice under the legislation, the Commission’s concerns extend beyond the parts of the legislation where the codes of practice are required. The Commission recommends a number of strengthened safeguards in the use of these technologies for the prevention of crime and disorder.
This Report submitted to the Minister focusses on the following matters:
- Intrusion on rights for law enforcement purposes;
- Equality implications in the use of technology;
- Access and retention of data; and
- Adequacy of safeguards and oversight mechanisms.
The Commission considers the following human rights and equality standards to be relevant:
- Privacy;
- Protection of personal data;
- The inviolability of the home;
- Equality;
- Guarantee of a fair trial/proceeding;
- Adequacy of remedy/procedural fairness;
- Freedom of assembly; and
- Freedom of expression.
The full Report is an extensive one and can be accessed by clicking here.