Legal snags holding up Carrigaline CCTV scheme 

Under existing legislation, the data controller would have to be appointed by Cork County Council
Legal snags holding up Carrigaline CCTV scheme 

At a Carrigaline Municipal District Meeting held last November, all members unanimously requested that a motion be discussed at the March JPC. Their queries centred on the current status of GDPR, use of CCTV cameras in public spaces, and the longstanding issue of who will be the data controller at a national level.

A CCTV scheme to combat anti-social behaviour in Carrigaline has stalled due to ongoing legal issues, a meeting of Cork’s Joint Policing Committee (JPC) heard.

At a Carrigaline Municipal District Meeting held last November, all members unanimously requested that a motion be discussed at the March JPC. Their queries centred on the current status of GDPR, use of CCTV cameras in public spaces, and the longstanding issue of who will be the data controller at a national level.

Fine Gael Cllr Michael Murtagh said he had been asked about a certain string of estates in Carrigaline containing walkways and junctions which have seen anti-social behaviour. Visible policing would be a “huge help,” said Mr Murtagh, but CCTV could play a role.

Chief Supt Vincent O’Sullivan said the use of community based CCTV is governed by law. The legal framework provides that any community CCTV scheme be approved by the local JPC, have the prior support of the relevant local authority who would also act as a data controller, and have the authorisation of the Garda Commissioner.

“This is the legal basis for all community CCTV schemes regardless of how they are funded. These key legal requirements have not changed since 2006,” said Mr O’Sullivan. However, in February, new legislation went through the Dáil second stage and if enacted, would supersede the previous Act. Labour Cllr Cathal Rasmussen said the issue of the Data Controller is a “problem”.

“How close are we to a resolution,” he asked.

“It’s still before Dáil Éireann at the moment,” said Mr O’Sullivan. We’re well away from the recording devices being signed into law.”

Under existing legislation, the data controller would have to be appointed by Cork County Council. CEO Cork County Council, Tim Lucey, said the issue has a long way to go.

“We need to square up to what our role really is, and under what circumstances we can reveal data,” said Mr Lucey. There would be a “significant bill” in upgrading existing schemes. “We do need CCTV. We need to be able to use it as evidence,” he added.

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