(LRC Revised)

Number 32 of 2023

GARDA SÍOCHÁNA (RECORDING DEVICES) ACT 2023

REVISED

Updated to 2 April 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Garda Síochána (Recording Devices) Act 2023

. It is prepared

by the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory instruments up to and including

the

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

32

of

2023

GARDA SÍOCHÁNA (RECORDING

DEVICES) ACT 2023

REVISED

Updated to 2 April 2025

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Orders and regulations

4. Application of Act

5. Expenses

6. Repeal and revocation

7. Transitional provisions

PART 2

Operation of Recording Devices by Members of Garda Personnel

8. Application of Part 2

9. Operation of recording devices generally

10. Additional provisions regarding operation of body-worn cameras

11. Power to process data obtained under this Part

12. Offences under this Part

PART 3

ANPR

13. Interpretation (Part 3)

14. Application of Part 3

15. Power of member of Garda personnel to utilise ANPR

16. Designation of relevant body by Minister

17. Disclosure of relevant data by relevant body

18. Focussed monitoring by member of Garda personnel relating to arrestable offences

and matters relating to security of State

19. Judicial authorisation of focussed monitoring for more than 3 months

20. Searches of ANPR data retained by Garda Síochána

21. Offences under this Part

PART 4

Recording of Certain Telephone Calls to or from GardA Síochána

22. Designation of certain telephone lines or numbers

23. Power to process data obtained under this Part

24. Offences under this Part

PART 5

Authorisation of Installation and Operation of CCTV for Particular Purposes

25. Interpretation (Part 5)

26. Application of Part 5

27. Authorisation to member of Garda personnel

28. Authorisation to local authority

29. Provisions applying to person installing or operating CCTV on behalf of person

to whom authorisation given

30. Provisions regarding expiry of authorisation at end of its duration

31. Provisions applying where certain amendments or additions proposed to be made

to CCTV

32. Provisions regarding review and revocation of authorisation

33. Directions

34. Power to process data obtained under this Part

35. Offences under this Part

PART 6

Processing by Members of Garda Personnel of CCTV Operated by Third-Party Through Live

Feed

36. Definition (Part 6)

37. Application of Part 6

38. Live feed processing by member of Garda personnel of third-party CCTV

39. Application by superior officer for authorisation

40. Authorisation

41. Variation or renewal of authorisation

42. Approval for processing of live feed of third-party CCTV

43. Offences under this Part

PART 7

CCTV in Garda Síochána Premises

44. Authorisation to install or operate CCTV in Garda Síochána premises

45. Power to process data obtained under this Part

46. Offences under this Part

PART 8

Codes of Practice for Parts 2 to 6

47. Codes of practice for Parts 2 to 6

PART 9

Miscellaneous Provisions

48. Admissibility of evidence

49. Review of operation of Parts 3 and 6

50. Amendment of Act of 2009

Acts Referred to

Civil Service Regulation Act 1956

(No. 46)

Communications Regulation Act 2002

(No. 20)

Criminal Evidence Act 1992

(No. 12)

Criminal Justice (Surveillance) Act 2009

(No. 19)

Criminal Justice Act 1984

(No. 22)

Criminal Law Act 1997

(No. 14)

Data Protection Act 2018

(No. 7)

Data Protection Acts 1988 to 2018

Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

(No. 49)

Garda Síochána Act 2005

(No. 20)

Local Government Act 2001

(No. 37)

Number

32

of

2023

GARDA SÍOCHÁNA (RECORDING

DEVICES) ACT 2023

REVISED

Updated to 2 April 2025

An Act to provide that members of Garda personnel may operate, or cause to be operated,

recording devices in certain circumstances; to provide for additional conditions regarding

the operation of body-worn cameras; to provide for the circumstances in which ANPR

data, which includes relevant data from relevant bodies, may be utilised by members

of Garda personnel; to provide for the recording of certain telephone calls to or

from the Garda Síochána and the processing thereof; to outline the circumstances in which CCTV may be installed

or operated for particular purposes; to provide for authorisation by the Commissioner

of the Garda Síochána for the installation and operation of CCTV by the Garda Síochána or by a local authority for those purposes; to provide for the repeal of

section 38

of the

Garda Síochána Act 2005

with associated transitional provisions; to provide that members of Garda personnel

may, pursuant to an authorisation given by the District Court or an approval granted

by an independent superior officer, process the live feed of CCTV operated by a third

party; to provide for the installation or operation of CCTV in Garda Síochána premises pursuant to an authorisation; to provide for the preparation of draft

codes of practice in relation to the operation of

Parts 2

to

6

and for the Minister to declare them by order to be codes of practice; to make certain

provision for the admissibility of evidence; to provide for a review of the operation

of

Part 3

and

Part 6

; to amend the

Criminal Justice (Surveillance) Act 2009

; to provide for certain offences; and to provide for related matters.

[5

th December

, 2023]

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Orders and regulations

4. Application of Act

5. Expenses

6. Repeal and revocation

7. Transitional provisions

PART 2

Operation of Recording Devices by Members of Garda Personnel

8. Application of Part 2

9. Operation of recording devices generally

10. Additional provisions regarding operation of body-worn cameras

11. Power to process data obtained under this Part

12. Offences under this Part

PART 3

ANPR

13. Interpretation (Part 3)

14. Application of Part 3

15. Power of member of Garda personnel to utilise ANPR

16. Designation of relevant body by Minister

17. Disclosure of relevant data by relevant body

18. Focussed monitoring by member of Garda personnel relating to arrestable offences

and matters relating to security of State

19. Judicial authorisation of focussed monitoring for more than 3 months

20. Searches of ANPR data retained by Garda Síochána

21. Offences under this Part

PART 4

Recording of Certain Telephone Calls to or from GardA Síochána

22. Designation of certain telephone lines or numbers

23. Power to process data obtained under this Part

24. Offences under this Part

PART 5

Authorisation of Installation and Operation of CCTV for Particular Purposes

25. Interpretation (Part 5)

26. Application of Part 5

27. Authorisation to member of Garda personnel

28. Authorisation to local authority

29. Provisions applying to person installing or operating CCTV on behalf of person

to whom authorisation given

30. Provisions regarding expiry of authorisation at end of its duration

31. Provisions applying where certain amendments or additions proposed to be made

to CCTV

32. Provisions regarding review and revocation of authorisation

33. Directions

34. Power to process data obtained under this Part

35. Offences under this Part

PART 6

Processing by Members of Garda Personnel of CCTV Operated by Third-Party Through Live

Feed

36. Definition (Part 6)

37. Application of Part 6

38. Live feed processing by member of Garda personnel of third-party CCTV

39. Application by superior officer for authorisation

40. Authorisation

41. Variation or renewal of authorisation

42. Approval for processing of live feed of third-party CCTV

43. Offences under this Part

PART 7

CCTV in Garda Síochána Premises

44. Authorisation to install or operate CCTV in Garda Síochána premises

45. Power to process data obtained under this Part

46. Offences under this Part

PART 8

Codes of Practice for Parts 2 to 6

47. Codes of practice for Parts 2 to 6

PART 9

Miscellaneous Provisions

48. Admissibility of evidence

49. Review of operation of Parts 3 and 6

50. Amendment of Act of 2009

Number

32

of

2023