Home CCTV and Gardai

[janeferguson]

What law do Garda use to request home cctv?I'm talking about when the Cctv is of a public area not the home

Not Data Protection as they don't make written request which they should under Data Protection

Also dash cam footage is often requested by garda on news in relation to crime . Wouldn't that be covered by GDPR?

I am just curious not seeking advice and not involved in any Garda matter. I was asked once if I had CCTV. I didn't. But that added to my curiosity . I was told Gardai can get CCTV under other legislation but don't know what it is or even if that is true

 

[Leo]

First of all, private CCTV operators should do all the can to ensure they are not covering public areas. If they cover public areas or other people's property then they are data controllers with all that entails. If anyone complains the DPC can issue a fine for this. They have some guidance here, and see here for guidance on dashcams.

Most Garda requests are just that, when they appeal for motorists to submit dashcam footage, that isn't an order and doesn't create a legal obligation.

 

[janeferguson]

Gardai go to houses too and are supposed to make a written request for CCTV from a house. They don't in my experience. I was told they have other powers outside Data Protection but I think that may be wrong

 

[HollyBud]

The advise I was given by a Guard in this field was to make sure my camera was just covering my front garden and no more otherwise I would be requested for the data if there were any trouble in the area. Its advise he also follows..

 

[janeferguson]

The advise I was given by a Guard in this field was to make sure my camera was just covering my front garden and no more otherwise I would be requested for the data if there were any trouble in the area. Its advise he also follows..

I understand but it is still data protection they would be asking it under and are supposed to make a written request.

If someone was prosecuted on your giving cctv to the garda without a written request could he then sue you for being in brach of his GDPR rights? i don't know

 

[Leo]

If someone was prosecuted on your giving cctv to the garda without a written request could he then sue you for being in brach of his GDPR rights? i don't know

The Special Criminal Court allowed such footage to be used after challenge by the defence sought to have CCTV footage excluded from evidence.

If you give such footage to the Gardai, it is your obligation to follow up and ensure they provide you with the required written request, and you retain a record of what footage you provided and to who.

The subject could submit a complaint to the DPC about your recording of them in a public place, but even if the DPC find in their favour, they're unlikely to award much.

 

[Slim]

There is no difficulty with your cctv covering a public area but it should not intrude on someone else's private property. If you have dashcam footage of an incident, there are no DP issues unless you publish the footage without consent of persons featured therein. Garda can 'request' footage or they can subpoena footage. One is voluntary, the other compulsory. The request should be in line with S.47 of the DP Act, 2018. Part 5 of the 2018 Act is the Law Enforcement Directive which gives law enforcement authorities, such as local authorities and police forces, considerable powers in relation to the processing of personal data as well as imposing obligations, similar to the GDPR.