S.I. No. 312/2026 - Garda Síochána (Recording Devices) Act 2023 (Code of Practice) Order 2026

1. It is no longer a principal purpose to record;

2. The incident has concluded, or Garda personnel have left the scene;

3. A different recording system takes primacy;

4. For firearms deployments when the firearms operation has concluded, save where use of force post incident management procedures have been implemented;

5. When device limitations dictate. These limitations may include, but are not limited to, external factors such as battery expiration, battery changes/charging, weather and flying restrictions.

Garda personnel may be required to outline the rationale for stopping the recording. Therefore, where practical, a note of same should be recorded.

There may be exceptional circumstances, outside of those set out at 1-5 above, where a member of Garda personnel makes a decision to suspend usage of a recording device used in conjunction with an AP, either temporarily or permanently, before Garda involvement in an incident has concluded and where continued operation is otherwise possible.

2.7.4 Post Incident

Garda personnel should upload a recording from the recording device used in conjunction with an AP in compliance with Garda procedure.

3 Use of Recordings & Data

3.1 Data Confidentiality, Security, Access & Viewing

Only permitted members of Garda personnel will have access to recordings. All recordings must be viewed and managed in accordance with Garda procedures, data protection legislation and the Garda Code of Ethics.

Where provided for by Garda policy and procedures, access may be provided on a live-feed basis. This will only be done where the conditions for deployment are met and there is a clear need for such access. The requirements and conditions for use will be clearly set out in the associated Garda policy and procedures.

3.2 Data Use & Processing

Data usage and processing must be fully compliant with data protection legislation. Recordings may be subject to different handling and retention policies, dependent on their source.

3.2.1 Data Retrieval

Save where otherwise provided for in this COP, copies of incidents captured on recording devices used in conjunction with APs will only be made available upon application by the applicable supervisory rank or grade in the following instances

• In accordance with disclosure rules for criminal prosecutions.

• Following instructions from the Director of Public Prosecutions.

• Where the repeated playing of the video is required (e.g. to show a witness).

• To Fiosrú – Office of the Police Ombudsman in accordance with the provisions of the

Policing, Security and Community Safety Act 2024

.

• Where required in civil or disciplinary proceedings as evidence in civil or disciplinary proceedings as evidence in accordance with section 48 of the Act, or

• Where otherwise required by law.

3.3 Evidential Use

Garda personnel have a duty to seek out and preserve all evidence that has a bearing or a potential bearing on the issue of guilt or innocence. This includes video or audio captured by recording devices used in conjunction with an AP.

The creation and subsequent movement of working copies will be recorded in accordance with procedures. The master video will never be subjected to editing or processing. Further digital video versions may be made for editing and processing purposes.

3.3.1 Publishing AP footage

Disclosure of the recorded video or images to third parties should only be made in limited circumstances including

• In accordance with Garda procedure following a formal request from specified Garda personnel for the disclosure of video on the grounds that it is likely to be of use for the investigation of a particular offence.

• a requirement under any enactment, rule of law or court order to disclose the video/images.

• if required where legal proceedings are being taken against An Garda Síochána, the Commissioner of An Garda Síochána, or any member of An Garda Síochána.

• to counteract the spread of misinformation or disinformation.

• to individuals whose images have been recorded and retained in response to a subject access request or other valid legal basis for disclosure.

• to media organisations, where it is decided that the public’s assistance is needed to assist in the identification of a victim, witness, or perpetrator in relation to a criminal incident. The wishes of the victim, or where appropriate their family (e.g. vulnerable person), of an incident should be taken into account.

• to media organisations to highlight the work of An Garda Síochána.

• training related purposes for An Garda Síochána.

All requests for access for disclosure should be recorded. If access or disclosure is denied, the reasons will be documented.

In circumstances where images will be disclosed to the media or other third parties, redaction, blurring or otherwise disguising of the images and audio of individuals will be applied so that individuals recorded are not identifiable. Where it is deemed necessary and proportionate to disclose video that includes identifiable individuals, the rationale and the supporting legal basis should be clearly documented.

3.4 Data Retention & Disposal

In the event, an individual convicted in the courts undertakes appeal or miscarriage of justice proceedings, the recording evidence must be retained on conviction. The circumstances of their retention should ensure that their integrity is maintained in the event of appeals, potential civil claims and or retrials. Recordings are subject to the retention periods as set out under Garda policy. The purpose of each recording will determine the applicable data retention period. An example of this includes a difference in the retention period for material classified as evidential as opposed to non-evidential.

4 Data Protection

4.1 Processing data for policing purposes

When processing personal data for the purposes of exercising its statutory law enforcement functions, An Garda Síochána is subject to the requirements of Part 5 of the

Data Protection Act 2018

, which transposed the Law Enforcement Directive (EU) 2016/680 into national law.

4.2 Compliance with Data Protection Legislation

As per

Section 8

(1) of the

Data Protection Act 2018

, the Data Protection Act 1988 (as amended) continues to apply to processing of personal data for State security purposes, and the General Data Protection Regulation (GDPR) (EU) 2016/679 applies to processing of personal data for non-law enforcement purposes. In processing digital recordings relevant to this COP (including arrangements for access, storage and retention of recordings), An Garda Síochána will ensure compliance with the relevant and applicable data protection legislative framework for the processing concerned.

4.3 Data Subject Rights

An Garda Síochána will ensure that data subjects can exercise their rights as outlined under data protection legislation. In the context of personal data contained on digital recordings processed for law enforcement purposes, this includes the right of access in accordance with the

Data Protection Act 2018

.

An Garda Síochána has a dedicated Data Protection Unit that manages subject rights requests under data protection legislation on behalf of the organisation. The Data Protection Unit ensures that such requests are managed in line with the requirements and timescales specified under data protection legislation. This includes reviewing relevant material in relation to a request, including digital recordings, to ensure that appropriate redactions or restrictions are applied, as required, to protect the data protection rights of third parties, or, where a necessary and proportionate measure under data protection legislation, including for the purposes outlined under

Section 94

of the

Data Protection Act 2018

.

4.4 Data Protection Impact Assessment

In line with the requirements of data protection legislation, An Garda Síochána has conducted a Data Protection Impact Assessment (DPIA) in relation to processing activities relevant to this COP that are likely to result in a high risk to the rights and freedoms of data subjects.

5 Governance & Compliance

5.1 Professional Standards

Recordings made by recording devices used in conjunction with an AP may be used to resolve complaints and help inform disciplinary investigations. The reasons for viewing of video by complainants should be recorded by investigating Garda personnel. In such circumstances, consideration must be given to whether non-connected persons on the material shall be obscured to protect their identity/privacy.

5.2 Training

Only Garda personnel who have received and completed the appropriate Garda specific training course, acknowledge compliance with this COP and have displayed competence, where necessary, regarding the relevant airspaces, flying restrictions and procedures for deployment in same, will be permitted to operate recording devices used in conjunction with an AP.

5.3 Ethical Standards & Commitments

The Code of Ethics for An Garda Síochána sets out guiding principles to inform and guide the actions of all personnel of An Garda Síochána at every level of the organisation.

Of particular relevance to this COP is the ‘Ethical Commitment’ to Information and Privacy. The Code of Ethics states that Gardaí must treat information that is provided to the Garda Síochána with respect and in accordance with the law. This protects the rights of people who provide information and the rights of people to whom the information refers. It also ensures that the public feel safe in volunteering information to the Garda Síochána.

6 Code of Practice Review

This COP will be reviewed and amended where appropriate and in compliance with the provisions of Part 8 of the

Garda Síochána (Recording Devices) Act 2023

.

6.1 Consultation

An Garda Síochána has undergone the consultative process, in accordance with the provisions of Part 8 of the

Garda Síochána (Recording Devices) Act 2023

, to develop this Code of Practice.

6.2 Approving Authority

The Approving Authority for this COP is the Minister for Justice, Home Affairs and Migration in accordance with Part 8 of the

Garda Síochána (Recording Devices) Act 2023

.

GIVEN under my Official Seal,

1 July, 2026.

JIM O’CALLAGHAN,

Minister for Justice, Home Affairs and Migration.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

3

rd July,

2026.

WHEREAS the Commissioner of An Garda Síochána has, under

section 47

(1) of the

Garda Síochána (Recording Devices) Act 2023

(No. 32 of 2023) (“the Act of 2023”) and having had regard to the matters contained in Part 2 of that Act, prepared a draft code of practice on the operation by An Garda Síochána of recording devices fitted to aerial platforms under the said Part 2, the processing of data obtained as a result of that operation, and related matters.

WHEREAS the Commissioner of An Garda Síochána has, in relation to the said draft code of practice, complied with subsections (2) and (3) of section 47 of the Act of 2023;

AND WHEREAS the Commissioner of An Garda Síochána has, in accordance with section 47(1) of the Act of 2023, submitted the said draft code of practice to the Minister for Justice, Home Affairs and Migration;

NOW I, JIM O’CALLAGHAN, Minister for Justice, Home Affairs and Migration, in exercise of the powers conferred on me by

section 47

(4) of the

Garda Síochána (Recording Devices) Act 2023

(No. 32 of 2023) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 2025 (

S.I. No. 242 of 2025

)), hereby order as follows