The Policing Authority, 4th Floor, 90 King Street North, Dublin 7, D07 N7CV Phone: +353 1 8589090 email: info@policingauthority.ie 18 October 2017 Ref: PA/2017/497 Dear Sir or Madam, I refer to your request received in this office on 20/09/2017 under the Freedom of Information Act seeking: "all records relating to use of CCTV by An Garda Síochána (AGS) whether under section 38 or otherwise, this might include records relating to the preparation of guidelines, records relating to discussions with AGS on the topic etc.”. Decision A decision on this request was made by Seán Carpenter, Higher Executive Officer in the Policing Authority's Legal, Policy, and Research Division. The attached schedule of records gives detail of the records considered for release, refusal for release or for the redaction of any records prior to their release. Please note that any record relating to the request that is already in the public domain does not feature in the Schedule of Records below. Rights of appeal You may appeal this decision by writing to me at the address given seeking internal review of the matter. Please refer to this decision in your letter. You must make your appeal within four weeks of receiving this letter, but the lodgement of a late appeal may be permitted in appropriate circumstances. The appeal will involve a complete re-consideration of the matter by a more senior member of the staff of this body and the decision will be communicated to you within three weeks. Yours sincerely, Seán Carpenter Higher Executive Officer Schedule of Records: Summary of Decision Making Record Description of record No. 1 Email correspondence between Policing Authority staff and the Garda Síochána Liaison Office relating to Garda Actions Register Request 113: CCTV. Schemes 2 Garda Síochána HQ directive 82/09: Garda Policy and Code of Practice for Garda CCTV Systems in Public Places. 3 Letter from Policing Authority to Department of Justice regarding the Scheme for grand aid in respect of community CCTV systems. 4 Garda Actions Register Request 238: Update on Garda CCTV policy and CCTV Advisory Committee. 5 Response from the Garda Síochána to Garda Actions Register Request 238. 6 Email correspondence between Policing Authority staff and the Garda Síochána Liaison Office relating to Garda Actions Register Request 238 7 Internal email correspondence re: CCTV 8 Attachment to Record 7 email – Policing Authority and AGS CCTV Overview 9 Further internal email correspondence re: Record 7 and 8 above 10 Garda Actions Register Request 253: Meeting to discuss CCTV 11 Email correspondence between Policing Authority staff and the Garda Síochána Liaison Office relating to Garda Actions Register Request 253 12 Draft Internal Note of meeting between Policing Authority Staff and Garda Bureau of Community Engagement 13 Final version of Internal Note of meeting between Policing Authority Staff and Garda Bureau of Community Engagement [amended 12 October 2017 after comments from Garda Síochána] 14 Internal research document – Overview of CCTV 15 Garda Actions Register Request 288: Number of community-based CCTV schemes approved by the Garda Commissioner. 16 Email correspondence between Policing Authority staff and the Garda Síochána Liaison Office relating to Garda Actions Register Request 288 17 Response from the Garda Síochána to Garda Actions Register Request 288. Date(s) of record No. of Pages Decision 20/07/2016 – 27/07/2016 4 Released 09/06/2009 46 Released 02/03/2017 1 Released 17/05/2017 1 Released 26/06/2017 17/05/2017 – 26/07/2017 2 4 Released Released 24/05/2017 24/05/2017 15/06/2017 24/05/2017 24/05/2017 – 27/06/2017 2 3 1 1 7 Released Released Released Released Released 29/06/2017 1 Released 12/10/2017 1 Released n/a 11/07/2017 5 1 Released Released 11/07/2017 2 Released 08/09/2017 2 Released 18 19 20 21 22 23 Internal email correspondence re: CCTV [attachments below as Records 19, 20 and 21] Draft Paper 1 re: Policing Authority Role in Garda Síochána CCTV [final paper never completed or presented to Policing Authority members] Draft Paper 2 re: Policing Authority Role in Garda Síochána CCTV [final paper never completed or presented to Policing Authority members] Comparative Research Note Draft Internal Note of meeting between Policing Authority Staff and Fingal County Council Final Version of Internal Note of meeting between Policing Authority Staff and Fingal County Council [amended 12 October 2017 after comments from Fingal County Council] 08/09/2017 1 Released 08/09/2017 8 Released 08/09/2017 11 Released 08/09/2017 18/09/2017 11 1 Released Released 12/10/2017 1 Released Page 1 of 4 Request 113: CCTV PolicingAuthorityLiaison al' to: 'Garda Liaison? 27/07/2016 09:51 Hide Details From: PolicingAuthorityLiaison To: 'Garda Liaison' 3 Attachments 2 i. HQ.082.2009.pdf SI 289-2006.pdf Justice Code of Practice for CCTV Systems - 21-7-16.pdf Mr. Daragh Stapleton Policing Authority Good morning Daragh In response to your request of 20th July, attach information relating to the operation of CCTV under Section 38 ofthe Garda Siochana Act 2005, as amended. Actions Register no. 113 refers. Citing Sections 38(5) and (11), copied below, you specifically requested the current established criteria and details of the current extent of supervision and control of the monitoring of CCTV. (5) Lle . . 3. W353 a, 2 establish criteria for the purposes of subsection (3nd and may establish dl?erent criteria for di?erent classes of applicants for authorisation. 1] 'r r) '2 {item-n: 1 l? v? rtr?. c) {7 {'031; i i?x?r-v2 J. L. p.22. shall issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CC by authorised persons, and may revise those guidelines or may withdraw them and issue new guidelines. Introduction Garda Policy in relation to the use of CCTV is contained in the Garda Policy and Code of Practice for the use of CCTV in Public Places. A copy of each of these documents is attached in addition to the corresponding HQ Circular 82/09. (Note: Work on reviewing and revising these documents is at an advanced stage). In addition, the Department ofJustice, Equality and Law Reform document entitled ?Code of Practice for Community Based CCTV Schemes? sets out the basic conditions of use for Community based CCTV systems by applicants for the Department ofJustice, Equality and Law Reform?s Grant Aid Scheme (funded by Pobal) as it was called on publication. In relation to Section 38(5): 27/09/2017 Page 2 of 4 The criteria referred to was set out by the Department ofJustice in Statutory Instrument 289/06 (please see copy attached above) ?These criteria were incorporated into the Garda policy documents and are now a crucial element in any application for Commissioner?s authorisation. in relation to Section 38(11): The guidelines referred to in this section were published as the Justice Code of Practice attached above. These guidelines formed the basis for the subsequent drafting ofthe current Garda Policy and Code of Practice which are attached above as HQ 82/2009. Monitoring and Control All CCTV schemes falling under Section 38 of the Garda Siochana Act 2005 operate under the control of a ?data controller? as defined by the Data Protection Act 1988-2003. These data controllers are subject to the provisions of the Data Protection Act and are responsible for ensuring that the operation of CCTV schemes is in strict compliance with these provisions. 0 In CCTV schemes being operated by An Garda Siochana those authorised under section the data controller is the local Superintendent. In CCTV schemes being operated by Local Authorities or members of Community Groups those authorised under section the data controller is a named individual who must undergo vetting prior to commencing as data controller. Additional Information In accordance with Section 38(3) of the Garda Sioch?na Act 2005 (as amended) the Garda Commissioner must authorise CCTV operated for the purpose of increasing public safety and reducing the risk of anti-social and criminal activity. To advise on all aspects of the use of such CCTV schemes, the Garda Commissioner established the CCTV Advisory Committee. This Committee is chaired by Chief Superintendent Garda Community Relations Bureau. The development and implementation ofGarda Policy on CCTV is overseen by this committee. In addition, the Committee meets approximately every quarter to examine applications for CCTV projects and make recommendations to the Commissioner in accordance with the objective criteria set out under the Garda Sioch?na Act and in the Garda Policy for the operation and use of CCTV schemes. There is an increasing demand nationally from community and business groups for CCTV systems in their respective towns, cities and rural villages. When consideration is being given to the introduction ofa system, many factors including local crime statistics and special circumstances of the locality are considered. Members of the CCTV Advisory Committee also regularly carry out visits to proposed CCTV locations to ensure that the installation of CCTV schemes is warranted and necessary, and to advise applicants in relation to all aspects of their proposed schemes to ensure legal/policy compliance. Regards Grainne 8/~web23 21 .htm 27/09/2017 Page 3 om 77777 original Message From: Gerda Liaison [ma lto Sent: 2a July 2915 16' 2 PolicingAuthor'ityLiaison Subject: Good afternoon Greinne, I would like to request information in relation to the operation of CCTV under section as of cne A(t. Could you advise if tnere are any Garda Siocnana policy documents that specifically relate to tne operation and authorisation of CCTV systems> IF not pernaps you could point me in the right direction as to who I snould contact in relation to tnis query. My query is particularly in relation to Sections 38 and (11) tnat relate to tne Authority. I would like to know wnat tne current established criteria is and also, the current extent of the supervision and control of tne monitoring of ccrvo Kind Regards oarragn ls le nagnaidn an duine no an eintitis an a ontuil si diritne, agus 1e nagnaidn an duine mi an eintjtis sin amhein, a bhear'taitear' an fhaisneis a tar'chuir'eadh agus feadfajdh Se go bhFuil a'bhar' faoj agUS/m') faoi phribhleid inti. Toir'misctear' aon atar'chur' no leathadh a dheanamh at" an thaisneis sea, son Lisa'id eile a bhaint aisti no aon ghnl'omh a dheanamh er a hiontaoibh, ag daoine ne ag elntitis Seachas an faighteoir' beartaithel Me fuair (L2 SEQ tri dhearmad, tejgh dteagmha'jl leis an seoltoir, le do tnoil, agus scrios an t-ebnar as aon riomnaire, Is beartas na Roinne Dll' agus cirt agus Connionannais. na nOifigi agus na nGniomnaireacntai a Useideann seir'bhisi TF Ha Rainne seoladh a'bhair' (holflil a dhitheadd. Mes rud go measann ti] gur' ebhar (chill ate San ebhar' ate sa teachtair'eacht Sea is filcz/UC: Local 'Tcmp 27 09/2017 Page 4 of 4 ceart duit dul i dteagmhail leis an seolt?ir laithreach agus le mailminder[ag] justice.ie chomh maith. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. It is the policy of the Department of Justice and Equality and the Agencies and Offices using its IT services to disallow the sending of offensive material. Should you consider that the material contained in this message is offensive you should contact the sender immediately and also Inserted by section 31(1)(a) of the Garcia Siochana (Policmg Authority and Miscellaneous Prov1310ns) Act 2015 Section 59(3) of the B111 contmues in force existing order made under section 38(5). 2 Substituted by section 31(l)(c) of the Garda Siochana (Policing Authority and Miscellaneous Provisions) Act 2015. r?nda agus/ no abhar faoi phribhl?id a bheith iniata. Toirmisctear aon atarchur no leathadh a dh?anamh ar an bhfaisn?is seo, aon usaid eile a bhaint aisti no aon ghniomh a dhe?anamh ar a hiontaoibh, ag daoine no ag eintitis seachas an faighteoir beartaithe. Mas tri bhotun a fuair tl?i seo, cuir sc?ala chuig an seoltoir 1e do thoil agus scrios an t-abhar d'aon riomhaire. Is e? polasai An Gharda Siochana seoladh abhair cholliil a dhicheadu, agus mas doigh leat gur abhar coluil ata sa teachtaireacht seo ba cheart duit dul i dteagmhail leis an seoltoir agus le postmaster@garda.ie laithreach. The information transmitted is intended only for the person or entity to which it is addressed and may contain con?dential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. It is the policy of An Garda Siochana to disallow the sending of offensive material and should you consider that the material contained in this message is offensive you should contact both the sender and postmaster@garda.ie immediately. 27/ 09/ 201 7 An Garda Siochena 'nta mm striiris Siiuteg)', mining it Professional siinauds in ennui min. Piivc in Phocnm Palk Bailc AthaClmh a Dublin 2 Grfasiin/Web sit: hes/Fax Rtomhphosl/E-mnil Sl/Ilgardaic HQ Directive No. 12 on Please qurie [he/allowing ref number Date: or, lot, lo?1 Gach Oirigeacii, Cigire agus Slaisiun - Each omcei, Inspector and ls doicime'id faoi iontaoibh sec le hrusaid ag pearsanra den Gharda stochaiia amiiain This is Ii confidential document for iise only by Members of An Garda Siochanr Re: Garth Policy and Code of Practice for Garda CCTV Systems in Public Places Purpose The purpose of this directive is to inform all personnel on the Garda Policy and Code ot'l'ractice for Garda CCTV Systems in Public Places. Garda Policy/a! Clased Circuit Televisian (C 10 in Public Places The policy document will be used as a guide for management on all matters relating to - Criteria for selection of CCTV projects - Application process for a Garda CCTV system a Monitoring of a Garda CCTV system Code anructicefnr Clased Circuit Television in Public Place: This document outlines the standards required to opemte and manage Garda CCTV systems in public place In particular it outlines - Responsibilities of staff when monitoring CCTV cameras - for the management of analogue recordings - for the management of digital recordings Responsibility The operational management of a Garda CCTV system is the responsibility of the Divisional Officer. Day to day management of the system is the responsibility of the District Officer. District Officers will ensure that all staff who are detailed to monitor a Garda CCTV system are familiar with the code of practice for CCTV systems. This directive supersedes all previous Directives on Garda CCTV systems. -- Louis Harhin 7 June 2009 letns Minn/Mission Statement. Ari ic'thiiea! tnsmicmc is a amnch le Cosaint Phcatsanlil. Tiomnnias don Phobal and sitindati sun In Ichiovc Lht: highest attainable Ii-vei I'mlecltonr Communfl) Commitment and state AN GARDA POLICY FOR CLOSED CIRCUIT TELEVISION IN PUBLIC PLACES 1. INTRODUCTION 3 2. CCTV AS AN AID TO POLICING 5 3. GARDA CCTV ADVISORY COMMITTEE 6 4. CRITERIA FOR SELECTION OF CCTV PROJECTS 8 5. APPLICATION PROCESS FOR GARDA SCHEMES (CATEGORY A B) .9 6. IDENTIFYING FUTURE LOCATIONS FOR CCTV 10 7. PUBLIC PERCEPTION 12 8. MONITORING OF GARDA CCTV 12 9. TRAINING OF MONITORING PERSONNEL 13 10. MANAGEMENT OF GARDA (CATEGORY A) CCTV SYSTEMS 14 Appendix A Advice from the Attorney General 15 1. INTRODUCTION 1.1 This document clearly states Garda Policy on CCTV Schemes operated by An Garda 1.2 1.3 Siochana with particular reference to the following areas: The Ownership and Management of CCTV Systems (ii) Enabling Guidelines Operating Practices and Procedures It is to be used as a guide by any of?cer of An Garda Siochana and all persons having access to any of the equipment associated with CCTV systems monitoring public places. For the purpose of this document the term closed circuit television (CCTV) refers to any ?xed and permanent system employing optical devices for recording visual images of events occurring in public places. An Garda Siochana is committed to the development of innovative policies aimed at enhancing its quality of service to the public and improving the quality of life of the community. In the drive to reduce the incidence of crime, anti-social behaviour, public disorder, vandalism and the general fear of crime, An Garda Siochana are in favour of CCTV Systems as an aid to policing. Technology and community support have over the years been successfully employed to provide a quality service to the public. As technology develops, so also does the ability of An Garda Siochana to enhance its service and expand it in partnership with the community. The availability of CCTV in public places offers one such opportunity to An Garda Siochana to monitor areas of high pedestrian density and elsewhere to help eliminate disorder and other crimes against the community. 1.4 The proper use of CCTV in any community environment assists in the reduction of crime and the fear of crime, the detection of offenders where crime is committed, whilst affording a deterrent effect to the person intent on committing crime in that area. There are however many other legitimate uses, not directly related to crime, which include traf?c management, tracing missing persons, outbreaks of ?re, protest marches, VIP visits, monitoring cash movements and drug enforcement. 1.5 The European Convention on Human Rights Act 2003 which came into force the 31St December, 2003 provides that ?every organ of the State shall perform its functions in a manner compatible with the States obligations under the Convention provisions. An Garda Siochana is ?an organ of the State? for the purposes of the 2003 Act. 1.6 In carrying out their functions members shall act with all due respect for the personal rights of persons and their dignity as human beings, and shall have regard for the special needs of any person who may be under a physical disability, while continuing to act with diligence and determination in the protection and vindication of the personal rights of other persons. Everyone has the right to respect for their private and family life, their home and their correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 2.1 2.2 2.3 2.4 CCTV AS AN AID TO POLICING One should not assume that CCTV will solve all policing problems. The introduction of a CCTV system should be part of an overall strategy in the ?ght against crime. It needs to be carefully planned and competently managed. From a Garda perspective, a CCTV system in a public place is primarily an aid to policing. It will never dispense with the uniform Garda on the street and this must be emphasised whenever CCTV is discussed in terms of policing. Some of the benefits of CCTV to An Garda Siochana include: More effective management of resources (ii) Detection and clarity of events as they occur and their sequence The capture of video evidence of events (iv) Video evidence that may lead to guilty pleas and consequent reduction in court costs CCTV systems are suitable in a wide variety of locations in urban settings such as: Shopping areas (ii) Areas with high crimes rates In the vicinity of high risk premises (iv) Any area that attracts large crowds CCTV tends to displace crime when used in residential areas. Serious consideration should be given, by Garda Management, to the effectiveness of CCTV prior to recommending its use in this type of environment. 3.1 3.2 3.3 GARDA CCTV ADVISORY COMMITTEE In order to ensure as far as possible that all matters relating to CCTV and its use are dealt with in a methodical and uniform manner, the development and implementation of Garda policy on CCTV is overseen by an advisory committee appointed by the Garda Commissioner. The CCTV Advisory Committee is chaired by Chief Superintendent, Community Relations. The committee comprises of the following; Chief Superintendent, D.M.R. South Central (ii) Chief Superintendent, meath Superintendent, Telecommunications (iv) Superintendent, Human Resource Management Detective Superintendent, Security Intelligence (vi) Representative, Garda Division, Dept. of Justice, Equality Law Reform. The chairperson may co-opt other members to this committee when deemed necessary. The Garda CCTV Advisory Committee Programme Co-ordinator acts as secretary to the CCTV Advisory Committee and deals with all correspondence relating to proposed CCTV projects. All communications in relation to proposed or operating CCTV systems will be forwarded to: Assistant Commissioner, Strategy, Training Professional Standards, (CCTV Advisory Committee) Garda Headquarters, Phoenix Park, Dublin 8. 3.4 The remit of the CCTV Advisory Committee is to: (ii) (W) (V) (vi) Examine applications for CCTV projects, place them in the appropriate categories and make recommendations relative to prioritisation in accordance with the objective criteria set out in this document. Oversee research into existing CCTV projects in order to gather information to assist future policy formulation. Ensure commonality of procedures and compatibility of technology where possible. Advise the Commissioner of An Garda Siochana on future trends in CCTV technology and its use as an aid to policing public places. Revise, as appropriate, the current code of practice in use in An Garda Siochana for the operation of CCTV systems. Make recommendations on monitoring strategy. 4. 4.1 4.2 CRITERIA FOR SELECTION OF CCTV PROJECTS Applications for CCTV projects are placed in two speci?c operational categories and evaluated against objective criteria. This revised policy is being developed in light of the increase in number and the varied nature of applications for CCTV throughout the State. The two categories are: 1) Category A. Systems speci?cally sought by the Gardai for security and or crime prevention reasons e.g. CCTV in cities, towns, seaports, etc. The Department of Justice, Equality and Law Reform will provide capital and current expenditure for these systems. Partnership arrangements may be considered. These systems will be controlled solely by members of An Garda Siochana and will be monitored on an active/ passive basis subject to operational requirements and a de?ned code of practice. 2) Category These systems will be similar to Category A schemes but may be designed, installed or operated by non-Garda personnel under contract to the Garda Commissioner. The Department of Justice, Equality and Law Reform will provide capital and current expenditure for these systems. Partnership arrangements may be considered. To date only Category A Schemes have been sanctioned. 5.1 5.2 5.3 5.4 5.5 5.6 APPLICATION PROCESS FOR GARDA SCHEMES (CATEGORY A B) Applications for CCTV systems will be forwarded through Divisional Of?cers to the Assistant Commissioner, Strategy, Training Professional Standards. Applications for CCTV will be supported by the following information: Crime Disorder statistics in area (ii) Population and level of activity of centre Estimated cost of scheme (iv) Accommodation and resources available to monitor the proposed system Recommendation of local Garda management (vi) Special circumstances needs An application for funding must include details of the proposed implementation process. The application should include a general indication of the size and type of system required, together with the coverage and performance expected from the system. This forms a vital part of the application and cannot be omitted. The services of the Divisional Crime Prevention Of?cer should be used in this regard. Telecommunications Planning Section, Garda Headquarters will be responsible for the preparation of technical specification for the system. When applications are being made, they shall include estimates of capital and current funding required for the installation, operation and maintenance of the system. Applications for CCTV will be assessed by the CCTV Advisory Committee against objective criteria as outlined at 5.2 above. 5.7 5.8 5.9 5.10 5.11 6.1 6.2 The Committee will forward their recommendations to Assistant Commissioner, Strategy, Training Professional Standards. Assistant Commissioner, Strategy and Training, will make recommendations to Deputy Commissioner, Strategy and Change Management on the provision or otherwise of the system. Deputy Commissioner, Strategy and Change Management will inform the Commissioner of the recommendations and if the Commissioner is in agreement he will direct Deputy Commissioner, Strategy and Change Management to request the provision of funding from the Department of Justice, Equality and Law Reform. When funds are sanctioned, Telecommunications Planning Section will draw up a speci?cation in conjunction with local Garda of?cers for the provision of the system. Funding arrangements are a matter for the Department of Justice, Equality and Law Reform. IDENTIFYING FUTURE LOCATIONS FOR CCTV There is already a huge demand from community and business groups for CCTV systems in their respective towns and cities. When consideration is being given to the introduction of a system, many factors must be considered. It is essential at the outset to assess the crime situation and other problems to be addressed and to examine a range of responses, which might include CCTV. CCTV is not a panacea for all problems. It can be effective against some crimes and ineffective against others. Therefore, the whole process of applying for and 10 6.3 6.4 6.5 accepting CCTV requires to be thought through with regard to how CCTV might be of bene?t. No two towns are identical. There may be other solutions to particular local problems. Unrealistic expectations should be avoided. To be successful CCTV must be carefully planned, competently managed and generally introduced as part of a package of measures. Again it must be remembered that from a Garda perspective, a CCTV system in a public place is primarily an aid to policing. It will never dispense with the uniform Garda on the street and this must be emphasised whenever CCTV is discussed in terms of policing. A project team will be set up to assess the need for CCTV and this team will draft written submissions to the Advisory Committee through Assistant Commissioner, Strategy, Training Professional Standards. This team will include: The Divisional Of?cer or Superintendent appointed by him (ii) The Divisional Crime Prevention Of?cer Representatives of all stakeholders in the project, e.g. business associations, residents, local authorities etc. (iv) The Regional Technical Sergeant. The Project team will assess the local problem. The application must address a clearly identi?ed and quanti?ed crime and or public order problem in the area to which the application applies. The team will then indicate how CCTV would impact on the problem. 11 7.1 7.2 7.3 7.4 8.1 PUBLIC PERCEPTION It is important that the support of the public is obtained in setting up a CCTV system in a public place. Some members of the public are very sensitive about such matters and for that reason all planning and negotiations should be open and transparent. To gain maximum effect the CCTV system must be overt. Primarily, a CCTV system is to act as a deterrent and to prevent crime. Notices indicating that a Garda CCTV system is in operation will be used extensively in all areas covered by the system. CCTV in public places touches on issues of privacy and civil liberties. If there are local concerns about intrusions of privacy or infringements of civil liberties these must be worked through before the system is submitted for consideration, to maximise public support for it. There is no evidence that the public in general regard CCTV in public places as a threat to civil liberties. Any public concern about CCTV needs to be set alongside similar concerns about freedom and community safety with the assurance, which CCTV can provide. MONITORING OF GARDA CCTV Monitoring of Category A systems will be under the control of the Gardai and will be monitored from a Garda premises. The location of the monitoring area will be decided locally by Garda Management in consultation with Garda 12 8.2 8.3 8.4 9.1 9.2 Telecommunications Section, taking into account such matters as the availability of resources to monitor the system, and the accommodation available to house the equipment. In some cases it may be deemed appropriate to locate the monitoring equipment in the Public Of?ce or the Communications Room while in other cases, a special CCTV Monitoring Room may be required. Instructions regarding the monitoring of Category systems will be issued if and when such schemes come into being. Monitoring of CCTV systems will ideally be done on a full?time basis. However it is recognised that this may not always be possible and it will sometimes be necessary for local Garda management to prioritise or combine this function with other duties. Garda CCTV systems will be recorded at all times, whether they are being monitored or not. At times when the system is not being monitored the cameras will be set at the most advantageous position to capture the best images. TRAINING OF MONITORING PERSONNEL Monitoring and control of screen displays will be carried out by suitably trained personnel. A comprehensive training programme will be put in place for such employees ensuring that every conceivable aspect relating to CCTV and its use is made known to them. Training of staff is a very important aspect in any CCTV system and must not be overlooked or neglected. This training shall be conducted on site at one of the existing operating centres so that practical instruction can be given. Comprehensive theoretical instruction shall also be given outlining the legislative constraints on the use of CCTV l3 systems. This will be conducted at local Continuous Professional Development training centres. 10. MANAGEMENT OF GARDA (CATEGORY A) CCTV SYSTEMS 10.1 The effective management of a CCTV system requires that: The overall management of a scheme and the requirement to comply with the code of practice is the responsibility of the local Divisional Officer. (ii) Access to recordings and the monitoring area must comply with the Garda code of practice and will be recorded and monitored. The operational documentation required to run a scheme must be developed from and speci?cally linked to the code of practice. Careful management of the operators is essential. This will include providing support, feedback on operator performance (based on operator performance checks) and if necessary, advice on how improvements could be made. All functions in relation to the management of CCTV systems will be carried out in accordance with the terms of the Safety, Health and Welfare at Work Act 1989/ 2005. 14 Appendix A The advice of the Attorney General was sought in respect of the policy and code of practice for Garda CCTV system in public places. Outlined below is a SynOpsis of the Attorney General?s advice as prepared by the Legal Section, Garda a) The activities of the Gardai in relation to use of CCTV in public places are covered by public policy considerations which would not favour hindering combating crime and civil liability would not arise in normal course of events. b) The capturing of images on CCTV cameras and the processing of that data by the Gardai is a legitimate activity for the purposes of dealing with crime. 15 AN GARDA CODE OF PRACTICE FOR CLOSED CIRCUIT TELEVISION I PUBLIC PLACES 1. STANDARDS 3 2. EQUIPMENT 4 3. MANAGEMENT OF A GARDA TOWN CENTRE CCTV SYSTEM 4 4. OPERATOR RESPONSIBILITIES FOR GARDA TOWN CENTRE CCTV SYSTEMS 5 5. MANAGEMENT OF VIDEO RECORDINGS ANALOGUE SYSTEMS 6 6. Management of Video Recordings (Digital Systems) 10 7. VIEWING 0F VIDEO MATERIAL BY LEGAL REPRESENTATIVES 14 8. MISCELLANEOUS 15 8.1 Requests to View Video Recordings 15 8.2 Location Map of Cameras 15 Appendix A 16 Appendix 24 Appendix 26 Appendix 28 1.1 1.2 1.3 1.4 1.5 STANDARDS This code of practice outlines the standards required to operate and manage Garda Town Centre Closed Circuit Television Systems. In order to maintain public confidence it is of vital importance that such con?dence is not eroded by the improper use of any of the equipment or material recorded thereon. Any misuse of such a system could become a highly emotive issue capable of adversely affecting the integrity of, not only the system in question, but also the entire issue of public area surveillance by such means. For this reason it is imperative to have a code of practice which is subject to review. Garda CCTV systems will be used as an aid to the policing of town centre areas, with particular emphasis on: Crime prevention/detection (ii) Assisting mobile patrols in the area Assisting local Garda management Section 38 of the Garda Siochana Act, 2005 (Appendix D) lays down the legal conditions for all persons operating CCTV systems in public areas. It states that ?The Garda Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places? and lays down the categories of persons to whom authorisation may be issued. All Garda CCTV schemes shall comply with the Garda Code of Practice for Closed Circuit Television in Public Places, the Garda Policy for Closed Circuit Television in Public Places, Section 38 of the Garda Siochana Act 2005, and operate under the written authorisation of the Commissioner. An Garda Siochana will also undertake the appropriate training of all operating personnel. Town Centre CCTV systems operated by An Garda Sioch?na will be subject to the provisions of The Data Protection Acts, 1988/2003. 1.6 Under no circumstances will CCTV be used to breach personal privacy, nor will it be used to provide any information to any person or outside Body with no right to such access. 1.7 Respect for the individual's liberty and privacy where no criminal offence has been or is being committed will be of primary consideration. 2. EQUIPMENT 2.1 Town Centre CCTV systems consist of the following equipment; Video Camera with Environmental Housing Unit (ii) Pan, Tilt, Zoom Unit Video Transmission Unit (iv) Video Monitors in the Garda Station Video Switching Equipment (vi) Multiplex Equipment (vii) Video Recording Equipment Playback and Reviewing Equipment (ix) Video stills printer 3. MANAGEMENT OF A GARDA TOWN CENTRE CCTV SYSTEM 3.1 The operational management of the system will be the responsibility of the Divisional Officer. 3.2 Day to day management of the system will be the responsibility of the District Officer. 4.1 4.2 4.3 The reSponsibility for the maintenance of a Garda Town Centre CCTV system will fall to Garda Telecommunications Section, Garda Headquarters, Phoenix Park, Dublin 8. OPERATOR RESPONSIBILITIES FOR GARDA TOWN CENTRE CCTV SYSTEMS The following gives a general overview of the responsibilities of a CCTV monitor/operator. Staff operating cameras must adhere to the following guidelines: (0 (ii) All staff performing duty in the CCTV monitoring area will enter details of the time and date of commencement and completion of such duty in the CCTV Incident Log Book. Cameras will not be used to look into any premises, be they public houses, shops, business premises or private dwellings. Likewise this form of invasion of privacy applies to any demonstration of the capabilities of the cameras. Cameras can be shown to be ef?cient without looking into premises. Cameras must be parked in a pre-determined location when not being used by an operator. The location will ensure that the best possible area is being recorded by the camera at a given time. The use of cameras is an emotive subject and the operators must be seen to be responsible in terms of civil rights/liberties of the public. The system will be monitored with the intention of detecting incidents and preserving the public peace. On the detection of an incident, the operator will monitor the occurrence while recording the event, initiate a response and inform those responding to the incident of any developments. The operator will also record details of the incident in the Incident Log Book. 4.4 4.5 4.6 4.7 5.1 In the case of analogue recording systems, the operator will ensure that recording media are appropriately inserted, removed, logged and securely stored in accordance with regulations. The operator will keep the member in charge of the monitoring room informed of all incidents as they occur. The member in charge will take whatever action is necessary on receipt of a report of an incident. The operator will immediately bring to the attention of the member in charge of the monitoring room any malfunctions in the system or the need for extra recording materials or record books. The main point to be noted is that the CCTV monitoring staff are employed to monitor the camera outputs and ensure that the system is used to obtain best evidence. Their function is not extended to viewing recorded material and they are not to be considered as experts in the copying or reviewing of recordings. MANAGEMENT OF VIDEO RECORDINGS (ANALOGUE SYSTEMS) The accountability of recorded video material is essential to the operation and integrity of any public CCTV system. For this reason, the following instructions, which apply to the member, assigned to monitoring duty and the member in charge of the room where monitoring takes place, must be closely observed: The member in charge of the monitoring area will be responsible for the orderly use of the closed circuit television system. (ii) Only persons authorised by the member in charge of the station where monitoring takes place will be permitted access to the CCTV monitoring area. 5.2 5.3 5.4 Supervisors are mandated to ensure that all uses of the system are appropriate and authorised in the public interest. (iv) The member in charge of the station will ensure that assigned operators understand the restrictions imposed by the code of practice. The Superintendent in charge of the district will maintain an appropriate record of the system? effectiveness. (vi) The provisions of the Data Protection Acts, 1988/ 2003 will apply to CCTV systems operated by An Garda Siochana. The review facility at each respective location will only be used by Garda members authorised by the local District Of?cer to make use of that facility for the purpose of reviewing a videotape recorded on that or another similar system. Any member making use of the review facility must complete an entry in of?cial documentation, which will also include the Superintendent's authority. Videotapes fall into the following categories: Videotapes in general use. (ii) Videotapes withdrawn for evidential purpose. Copy videotapes. All videotapes will remain in lockfast facilities within the CCTV monitoring area at all times except: When they are being taken to court as evidence. (ii) When they are being reviewed in the review facility. 5.5 5.6 5.7 5.8 When they are being taken to the Technical Support Unit for the purpose of enhancement. (iv) When, on the direction of the local District Of?cer or Detective Superintendent, they are removed from the storage facility. Where videotapes are removed from the CCTV monitoring area the procedures as set out at 5.9 will be fully complied with. The member in charge will count the videotapes held every morning and complete the relevant entry in of?cial documentation. This restriction does not apply to video prints issued to named member/s for the purposes of investigating crimes or other incidents. In these cases a record will be made showing details of: the member making the prints, the member/s in receipt of the prints, and the number of prints issued. Responsibility for the safe custody of the copy prints will then transfer to the member/s in receipt of same. Only CCTV monitoring staff will have direct access to the videotapes in general use. The time of commencement of recording of each videotape within the monitoring area video cassette recorders and subsequent withdrawal from the recording machines will be recorded by the respective operator to in the of?cial documentation (Appendix A). A suf?cient number of videotapes will be maintained to allow for each video tape to be used only once in any thirty one day period. A letter will identify each recorder and this letter will be labelled on the videotape. Should a videotape from the CCTV system contain recordings required as evidence then they will be logged in of?cial documentation by the member on monitoring duty at the earliest opportunity, stored securely within the CCTV lock-fast facility and retained as evidence. The member in charge will ensure that the videotape is properly stored and the necessary details are entered into of?cial documentation. 5.9 5.10 5.11 5.12 Videotapes will not be removed from the custody of the member in charge of the monitoring area without his/her authorisation or that of the District Of?cer or Detective Superintendent. This authorisation, and the purpose for which granted, will be recorded and signed by the member in charge of the monitoring area and the recipient. This record will be available for inspection by the Superintendent in charge of the District and other senior officers of An Garda Siochana. All inspections of the record will be recorded and signed. The contents of the videotape will be declared in accordance with the Supreme Court decisions in Braddish D.P.P. and Robert Dunne D.P.P. HQ Directive 161/02 of 7 August 2002, refers (Appendix B). Save where otherwise provided for, c0pies of incidents captured on videotape will be made available by the District Of?cer only in the following instances: (1) On commencement of criminal proceedings, upon a request being received to view the videotape from the party to the criminal proceedings or his/her legal representative (ii) Following instructions from the Director of Public Prosecutions Where the repeated playing of the videotape is required to show to a witness). Otherwise the directions of Assistant Commissioner, Crime Security (Crime Policy Administration) should be sought. The making of copies of incidents on videotapes or video prints will be subject to the written authority of the Superintendent in charge of the District. All authorisations of this nature will, together with all appropriate details, be recorded in the record provided by the member in charge of the station. In the case of video prints the record will show the name of the member making the copies, the number of copies made, the name of the member to whom the copies 5.13 6.1 6.2 were issued and the reason for making the prints. A supply of blank videotapes will be held within the CCTV monitoring area for the purpose of copying evidential material. When a criminal case is disposed of, the videotape and any copies made should be retained. Management of Video Recordings (Digital Systems) The accountability of video material is essential to the operation and integrity of any public CCTV system. For this reason, the following instructions, which apply to the member assigned to monitoring duty and the member in charge of the room where monitoring takes place, must be closely observed: 0) (ii) (V) (Vi) The member in charge of the monitoring area will be responsible for the orderly use of the closed circuit television system. Only persons authorised by the member in charge of the station where monitoring takes place shall be permitted access to the CCTV monitoring area. Supervisors are mandated to ensure that all uses of the system are apprOpriate and authorised in the public interest. The member in charge of the station will ensure that assigned operators understand the restrictions imposed by the code of practice. The Superintendent in charge of the district will maintain an appropriate record of the system?s effectiveness. The provisions of the Data Protection Acts, 1988/2003 will apply to CCTV systems Operated by An Garda Siochana. The review facility at each respective location shall be accessed only by Garda members authorised by the local District Of?cer to make use of that facility for the purpose of 10 6.3 6.4 reviewing video material recorded on that or another similar system. Any member making use of the review facility must complete an entry in of?cial documentation, which will also include the Superintendent?s authority. Video material will fall into the following categories: (ii) (M The built in video hard drive in general use. Video material retained for evidential purposes. Copy video material. Copy Video prints All retained and copied video material will remain in the lock-fast facilities within the CCTV monitoring area at all times except when: (ii) (1V) (Vi) They are being taken to court as evidence. They are being reviewed in the review facility. They are being taken to the Technical Support Unit for the purpose of enhancement. 0n the direction of the local District Of?cer or Detective Superintendent, they are removed from the storage facility. Where video material is removed from the CCTV monitoring area the procedures as set out at 6.8 will be fully complied with. Video stills issued to a named member. The member in charge of the station will count the video material (DVDS and USB Hard Drives) held every morning and complete the relevant entry in of?cial documentation. ll 6.5 6.6 This restriction does not apply to video prints issued to named member/s for the purposes of investigating crimes or other incidents. In these cases a record will be made showing details of: the member making the prints, the member/s in receipt of the prints, and the number of prints issued. Responsibility for the safe custody of the copy prints will then transfer to the member/s in receipt of same. Suf?cient capacity should be available on the digital system hard drive to store 31 days recordings before overwriting of the video images occurs. Should the CCTV system contain recordings required as evidence the CCTV operator shall at the earliest opportunity log details of the incident in the incident Log Book and make arrangements as soon as reasonably practicable for the transfer of the relevant images to an external recording media. 6.7 The member transferring the images to the external recording media will ensure that: Two copies of the incident are made, the ?rst of which will be labelled ?Original Archive Master Copy? and the second labelled ?Original Working Copy?. (ii) The member transferring the images will log details of the transfer of the images to the external video media (DVD or External USB hard drive) in the incident log book. Label the video material (DVD or External USB hard drive) appropriately. (iv) Secure the copied material in the lock?fast facilities for retention as evidence. Only members authorised in writing by the District Officer will be permitted to make copies of, or transfer images from the CCTV system to any external media. The member in charge of the CCTV monitoring area at that time will ensure that the video material is properly labelled, stored, and the necessary details are entered into of?cial documentation. (Appendix A) 12 6.8 6.9 6.10 6.11 The making of copies of incidents on video material (other than the original transfer of the recorded images from the CCTV system digital hard drive to external video media (DVD or USB hard drive) in the procedure set out at 6.7, will be subject to the written authority of the Superintendent in charge of the District. All authorisations of this nature will, together with all appropriate details, be recorded in the record provided for by the member in charge of the station. A supply of blank DVDS and a USB hard drive will be held within the CCTV monitoring areas for the purpose of copying evidential material. In the case of video prints the record will show the name of the member making the copies, the number of copies made, the name of the member to whom the copies were issued and the reason for making the prints. Video material will not be removed from the custody of the member in charge of the monitoring area without his/her authorisation or that of the District Officer or Detective Superintendent. This authorisation, and the purpose for which granted, will be recorded and signed by the member in charge of the monitoring area and the recipient. This record will be available for inspection by the Superintendent in charge of the District and other senior of?cers of An Garda Siochana. All inspections of the record will be recorded and signed. The contents of the video material will be declared in accordance with the Supreme Court decisions in Braddish D.P.P. and Robert Dunne D.P.P. HQ Directive 161/02 of 7 August 2002 refers (Appendix B). Save where otherwise provided for, copies of incidents captured on video material will be made available by the District Of?cer only in the following instances: 0n commencement of criminal proceedings, upon a request being received to View the video material from the party to the criminal proceedings or his/her legal representative (ii) Following instructions from the Director of Public Prosecutions l3 6.12 Where the repeated playing of the video material is required to show to a witness). Otherwise the directions of Assistant Commissioner, Crime Security (Crime Policy Administration) should be sought. When a criminal case is disposed of, the video material and any copies made should be retained. VIEWING OF VIDEO MATERIAL BY LEGAL REPRESENTATIVES In the event that a request is made from a party to criminal proceedings or his/her legal representative for the viewing of evidential video material, a copy of the relevant material will be supplied. If this request emanates from a legal representative, it should be accompanied by written permission from the party to the criminal proceedings. If in doubt guidance should be sought from the District Of?cer. Only that portion of video material, which relates directly to the case in question, will be made available to the legal agent. All relevant information must be included in the copy of the video material made available to a legal representative. The terms of HQ 47/05 will be borne in mind when providing access to video recordings intended for use in a criminal proceedings (Appendix C). Furthermore the terms of case law: Daniel Bradish Director of Public Prosecutions (2002) ILRM 151 and Robert Dunne Director of Public Prosecutions (2002) ILRM 241 should also be borne in mind. HQ Directive 161/02 of 7 August 2002 refers (Appendix B). 14 8.1 8.2 MISCELLANEOUS Requests to view Video Recordings Video recordings will be used for Garda investigative purposes only and on no account will they be released to outside bodies or individuals for private or civil use except where such has been ordered through the normal judicial process. Any cases of doubt will be referred by the local District Of?cer to Assistant Commissioner, Crime Security for instruction. Location Map of Cameras A map displaying the location and number of each camera in a Garda CCTV system will be displayed in the monitoring area. 15 54.22% ANALOGUE SYSTEMS RECORD OF INSERTION REMOVAL OF VIDEO TAPES FROM CCTV RECORDING SYSTEM TAPE IN TAPE OUT TAPENO START TDAE DATE OPERATOR SILO. TAPE NO END THWE OPERATOR SJIO. 16 ANALOGUE SYSTEMS REVIEWING OF VIDEO MATERIAL REVIEWING OF TAPES WITHIN REVIEW FACILITY (Analogue Systems) DATE TIME TAPE CCTV NO. ROOM OTHER REASON FOR RESULT DISTRICT TAPE OFFICERS RETAINED MEMBER PERSONS VIEWING PERMISSION VIEWING VIEWING 17 ANALOGUE SYSTEMS COPYING OF VIDEO MATERIAL COPYING 0F TAPES AND PRINTING VIDEO STILLS (Analogue Systems) DATE TIME TAPE MEMBER TAPE DISTRICT NUMBER OF NO. MAKING OR REASON FOR MEMBER TO OFFICERS COPIES THE COPY VIDEO MAKING COPY WHOM ISSUED ISSUED STILLS 18 ANALOGUE SYSTEMS RECORD OF REMOVAL OF VIDEO TAPES FROM CCTV ROOM DATE TIME TAPE Member Reason for Signature of Signature of No. Removing Removal of Tape Member Removing CCTV Room or Tape. Tape Superintendent 19 DIGITAL RECORDING SYSTEMS DETAILS OF TRANSFER OF RECORDED INCIDENT TO DVD or USB HARD DRIVE FROM CCTV RECORDER DVD OR START DATE OPERATOR END TIME INCIDENT DETAILS CARRYING USB HARD TIME OUT DRIVE TRANSFER 20 DIGITAL RECORDING SYSTEMS COPYING OF VIDEO MATERIAL DATE INCIDENT MEMBER VIDEO REASON FOR MEMBER TO DISTRICT NUMBER OF OFFICERS COPIES MAKING OR MAKING WHOM ISSUED PERMISSION ISSUED THE STILLS COPY COPY PROVIDED 21 DIGITAL RECORDING SYSTEMS REVIEWING OF RECORDED MATERIAL WITHIN REVIEW FACILITY REVIEWING OF RECORDED MATERIAL WITHIN REVIEW FACILITY DATE TIME DVD OR CCTV OTHER REASON RESULT DISTRICT VIDEO MATERIAL OFFICERS RETAINED USB ROOM PERSONS FOR PERMISSION YES NO MEMBER VIEWING VIEWING VIEWING 22 DIGITAL RECORDING SYSTEMS RECORD OF REMOVAL OF RECORDED MATERIAL FROM CCTV ROOM DATE TIME Details of Member Reason for Signature of Signature of DVD or Removing Removal of video Member Removing CCTV USB Video material material Room 23 Appendix 16/08 '02 FRI 15:13 FAX 8861925 GARDA HEADQUARERS +44 (EDWIN .001 An Garda Sioch?na Colmisin?ir Cdnta. Assistant Commissioner, Coire agus Slindn'la, Crime Security. An Gerda Stochtina. An Gerda Siochdna Ceanncheadmi an Gharda Sloch?nn. Gerda Headquarters, Hire an Fhionnuisce, Phoenix Park, Built. Atha Cliath 8. Dublin S. ToVTcilc?f?n: (01) 66 62635 I O7 FaxIFaes: (01) 66 62698 Web Site: Mtge}? E-mail: minte??iglje Please quote the following ref. number . (216117102 HQ. Directive No: I 5 l. of Date: August, 20112 EACH OFFICER, INSPECTOR AND STATION. THIS 18 A CONFIDENTIAL DOCUMTNT FOR USE ONLY BY MEMBERS OF AN GARDA SIOCEANA. Re: Obtaining and Preserving Evidence in a Criminal Investigation The Supreme Court in Braddish - - D.P.P. (Supreme Court unreported 18"" May, 2001 and Robert Dunne our. (Supreme Court unreported 25* April 2002) stated that there was a duty 0n Gardai to seek cut and preserve evidence having a heating or potential bearing on the issue of guilt or innocence of an accused person- The facts of both cases are similar in that they refer to video evidence of crimes not being available to the courts. Video cameras were in operation at the scenes but the evidence was not made available by the prosecution to the trial court. In Buddish. Hardiman I. said: ?It would be dz'??icult to think of evidence more directly relevant than a purported video tape showing the commisswn of the crime. In Braddish Gerda! had a video tape from which a member purported to identify the defendant. The video tape was then returned to the owner and wiped after me Gardai decided that they would not rely on the video as evidence, but would advance the case exclusively on the basis of an alleged confession. 1n Robert Dunne D.P.P. it was overwhelmingly likely that a. video camera recorded a. robbery by unmasked perpetratom. The video tape would constitute evidence bearing vitally on the question of guilt or innocence of the accusation- An Gerda Sioch?na did not take possession of the evidence and there was no explanation given to court for its non production. The Supreme Court held that in Braddish: "It is the duty of the Gardai, arising from their unique investigative role, to seek out and preserve all evidence having a bearing or potential bearing on the issue of guilt or innacence. This is so whether the prosecution proposes to rely on the evidence or nor, and regardless of whether it assist: the case the prosecution is advancing or near. Mission Statement: To achieve the highest level of Personal Protection, Community Commitment Ind Sun: Security. 16/08 ?02 15:15 N0. 3619 P01 24 mm um <Appendix 150d 8899 29191 90. 90/171 CZ. 2.32:5} An Garda Sioch?na Coimisincix Cdnm. Assistant Commissioner. Coire signs Shind?ln, Crime Security, An Gerda An Gard: Siocha'ma an Gharda Siocha'rm. Gard: Hcadquanen. Pain: of: Fhionnuisoe. Phoenix Bails Atha Cliath 3. Dublin S. Tel/Tcilcaf?n?. (01) 66 62635 I (J7 W?b Sitc: Wig Pax/Fncs: (or) 66 62698 E-mail: crimend @ioiJc Please quote the: following ref. number CL161-27-04 HQ. Directive No: 471'95 EACH OFFICER, INSPECTOR AND STATION. ms 15 A 00W FOR USE ONLY BY mm OF AN GARDA sioanNA. Re: Provision of Video Footage to the Legal Representative of an accused The Supreme Court held in Braddish [2001] 3111127 that "it is the duty of the Gardaz?, arising from their unique investigative role, to seek out and preserve all evidence having a bearing or potential bearing on the issue of guilt or binocence of an individual. This is so whether the prosecution proposes to rely on the evidence or not, and regardless of whether it assists the case the prosecution is advancing or not. Evidence which is relevant or might reasonably be relevant to the guilt or innocencc of the individual must, so far as is practicable be retained until the conclusion of the trial. Thus the fact that evidence is not to be used by the prosecution can never by itself justify its destruction or its non?retention or the destruction or non-retention of notcs 0r records about such evidence. Video footagc of commission of the crime and of the scene immediately before and after such commission or which is otherwise relevant to the. innocencc or guilt 0f the indi'Vidual should be categodscd as such evidence. This Dircc?vc outlines the policy of An Garda Siocha?ma regarding the disclosure of such video footage to the solicitor of the accused. Where video footage is available and An Garcia Sioch?na does go; intend to use such footage in the trial: In such a scenario if a proswu?ng member is in possession of stills obtained from the video footage, therc is no objection to providing such stills to the defence. Nor is there objection to providing a. copy of the video footage On request from the solicitor. This should be provided in the original format and Only cover the incident which is the subject of the prosecution together with any other video Footage relevant to the guilt or innocence of the accused. If the original format is ?multiplex? or ?time iapsing" a copy will be provided in this format. A toqucst to provide a copy of the footage in VHS format shall not be acceded to. Mission Statement: . To achieve the highest anajnable 1:;ch of Personal Protection. Comunity Commitmonr. and State Security. 26 mu 'm mm. 22-51 su, m/n Fm An Gum 5mm. mu moving a fudhxy m: mange by m: <Appendix GARDA ACT 2005 The Garda Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places by facilitating the deterrence, prevention, detection and prosecution of offences. (2) The Garda Commissioner shall specify the areas within which, based on the information available to him or her, the installation and operation of CCTV is warranted for the purpose speci?ed in subsection (1). (3) Authorisation may be given to any or all of the following: Members of the Garda Siochana; Persons who meet the established criteria and who are retained under a contract with the Garda Commissioner; Persons who meet the established criteria and whose application for authorisation in respect of a speci?ed area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area. (4) The Garda Commissioner shall establish criteria for the purposes of subsection (3 28 (5) The Government shall, by order, establish criteria for the purposes of subsection and may establish different criteria for different classes of applicants for authorisation. (6) An authorisation may contain such terms and conditions as the Garda Commissioner considers necessary? generally for the purpose of this section, and in relation only to an authorisation given under subsection (3 for the purposes of controlling and supervising the operation of the CCTV to which the authorisation relates. (7) A person given an authorisation under subsection (3) shall ensure that members of the Garda Siochana have access at all times to the CCTV to which that authorisation relates for the purpose of? supervising and controlling the operation of the CCTV on behalf of the Garda Commissioner, or retrieving information or data recorded by the CCTV. (8) The Garda Commissioner may? issue directions to authorised persons in relation to the installation and operation of CCTV, and with the Minister?s consent, revoke, for failure to comply with the terms and conditions of the authorisation or with a direction issued by the Commissioner, an authorisation 29 given under subsection (9) On being noti?ed by the Garda Commissioner of the revocation of an authorisation under subsection (8), the person to whom the authorisation was given shall terminate the operation of the CCTV to which the revoked authorisation relates. (10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a ?ne not exceeding ?2,500 or imprisonment for a term not exceeding 6 months or both. (1 l) The Minister? shall issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons, and may revise these guidelines or may withdraw them and issue new guidelines. (12) The Minister shall cause a copy of any guidelines issued under this section, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after the guidelines are issued or revised. (13) This section does not apply to the installation or operation of CCTV on any premises by the owner or occupier of the premises for the purpose of safeguarding persons or property on the premises or in its environs. 30 AN POLICINC AUT (WRITY "lnnulhl Kine Mimi li 7 l)ll7 \7 iiniil i \uil Milli 2 March 2017 Ref, Mr, George Pollcing Division Department otiustice and Equality 51 St, Stephen's Green Dublin 2 Re: Scheme for grant aid in respect of community systems Dear George, lreterto your letter ofS Februarvand to subsequent interaction you have had with my colleagues seeking further information ln respect of the above matter, I note that your letter indicates that, Subject to Certain belng Vecelved from the Attorney General, the Ta'nalste lntends to launch the scheme this month. I note that the Gama siocha'na Authority and Miscellaneous Provisions] Act, 2015 amended the Gerda Siocha'na Act, 2005 to pruvide in section 33(5) that it is now the Authority, rather than the Government that shall, by order estahlish criteria for the purposes of section lam also conscious that it IS now the rule otthe Authority to issue guidelines in accordance with section 323ml. it is intended that the Authority will consider what action (itanyl to take in respect otthose iunctions in due course followlrig a reView ufcurrent guidelines and policies. in the meantime, in light ofthe tight time frames within which you intend to launch this grant scheme and more importantly, the tact thatthe Authority has no role in respect oi overseeing such a scheme, the Authority has no comment to make in respect oi your letter or its attachments. Helen all Chief Executive AN TUDARAS POILINEACIITA POLICING AUTHORITY Request for Material To: Superintendent John Keegan, Garda Siochana From: Rebecca Moynihun, Policing Authority Garda Actions Register Reference No.2 238 I would be grateful if you would arrange to provide the following material Further to Request 113, I understand from your response that work on reviewing and revising Garda policy on was at an advanced stage. I would appreciate any updated/new material on the topic which may be available as a result. Please also provide an update on the work of the CCTV Advisory Committee, if possible. This is further to a request by: If you have any queries regarding this request please Contact the undersigned: Material requested should be provided by email to: Gardaliaisongbno cingauthorigxie And copied to Signed: Rebecca Moynihan Phone: Request Noted on Register by Date: CONFIDENTIAL An Garda Síochána Information Request No. 238 from the Policing Authority PALO_8-219367/17 Date Request by Actions Register no. (if assigned) Date of request Description 26 June 2017 Rebecca Moynihan 238 17 May 2017 Further to Request 113, I understand from your response that work on reviewing and revising Garda policy on CCTV was at an advanced stage. I would appreciate any updated/new material on the topic which may be available as a result. Please also provide an update on the work of the CCTV Advisory Committee, if possible. Following the launch of the Modernisation and Renewal Programme (MRP) on 9 June 2016, as part of this programme, Chief Superintendent Kilkenny/Carlow Division, Dominic Hayes, was assigned the following initiative: Initiative Name CCTV Management Business Sponsor/Business Owner Business Sponsor: Assistant Commissioner South Eastern Region Business Owner: Chief Superintendent Dominic Hayes Chief Superintendent Hayes has conducted a number of meetings to date with the CCTV Modernisation and Renewal Programme Committee that was established. A completed CCTV Management Strategy Document was submitted to the Business Sponsor for observations on 22 May 2017 before onward submission to Community Safety Board on 29 June 2017. Until observations of the Business Sponsor and approval of Community Safety Board at meeting of 29 June 2017, you will note this is presently a draft strategy. In summary, at this juncture, the CCTV Modernisation and Renewal Programme Committee advises Organisation focused efforts on four projects: • • • • Project 1 – CCTV Investigation Process Project 2 – Centralised Storage & Analytics Technology Project 3 – Live Feeds Project 4 – Body Worn Cameras Not for general circulation CONFIDENTIAL This information has been provided by Chief Superintendent Kilkenny/Carlow Division. If you have any further queries or require any clarification please contact the Policing Authority Liaison Office. Not for general circulation Re: FW: Actions Register Request No, 238 26l07l2017 09 34 Darragh Stapielon' gardailalson Good morning Catherine, Thank you tor your message We are salislied with the update we have received ai this point out may revert in the future, should else arise Kindest regards Rebecca FolloingAuthorliyLialson PALO 87219367/17 Gnotl ailernoon 25i07'2rll7 5607 From, up To Cc Darragri Staplelon le" Date 25/072017 I4 56 Sunieoi: Acllons Registel Request No. 238 Good alternoon Rebecca I rerer to previous correspondence in respect of Actions Register Request No. 233. This office had provided you with a partial response but we were still awaiting an update on the work of the CCTV Advisory Committee as requested. We have now been advised by Communlty Engagement Section that Sergeant Pat Conway met with members of the Policing Authority on 27 lune 2017 and gave a roll update on the CCTV Advisory Committee at that meeting lwould be grateful it could please advise 'lfthis is sufficient as a response in respect otthe outstanding intormation on Request 238 or whether you stiH require Information in writing. Thank you for your help with this. Kind Regards Catherine From: PolIcingAtIthorityLIavson Sent: 26 June 2017 15:21 To: Rebecca x. Moynlhan Cc: Darragn Stapleton; Subject: Actions Register Request No. 235 Good afternoon KebecCa Please find attached report in response to Actions Register Request N0. 238. Thi: office is still awaiting information on the update on the work of the CCTV Advisory and we Shaii forward same once It is received. Vou wm note in the report provided, that it references a Strategy document As this document is Still in draft stage we are unabie to prowde It at (hls time Should you have anv further queries Diease do not hesltate to Contact this Office Regards Catherine 77777 Original Sent: 17 May 2917 12:32 To: PolicingAutnorityLiaison CC: Barragh Stapleton; Subject: Request 238 Dear all, Please find herewith Request 238 in relation to CCTV policy for your consideration and response please Kindest regards, Rebecca (See attached File: 238 Update On CCTV Policy.docx) Tel: -- Email: es Is 1e haghaidh an duine n6 an eintitis er a bhfuil si diritne, agus le haghaidh an duine no an eintitis sin amha'in, a bheartaitear an thaisne'is a tarchuir'eadh agus Feadfaidh se go bhi'ujl abhar faoi agus/no' Faoi pnribhleid intit Toirmisctear aon atar'chur no' leathadh a dheanamh ar' an bhfaisneis Sec, aon usaid 9110 a bhaint aisti ne aon ghniomh a dheanamh ar 3 hiontaoibh, ag daoine no ag eintitis seachas an 'Faighteoir' bear'taithe. Me Fuair SEO tr'i dhear'mad, teigh i dteagmhajl leis an seolteir', 1e do thcil, agus scrios an tra'bhar as aon r'iomhair'ei Is beartas An tUdara's Pdilineachta sealadn a'bhair' choluil a dhichcadd. Mes rud go measann ti] gur ebnar coldil eta! sen a'bhar ate: sa teachtair'eacht see is Cear't dult dul 1' dteagmha'il leis an seolt leithreach agus 1e chomh maitht The information transmitted is intended only tor the person or entity to which it is addressed and may contain confidential and/ctr privileged material, Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended retipient is prohibited 1+ you received this in error, please Contact the sender and delete the material From any computer. It is the policy of The Policing Authority to disallow the sending Oi' offensive material, Should you consider that the material contained in this message is offensive you should Contact the sender immediately and also mailminder' [at]policingauthor'ityi ie. "finest ssemeawttes New" . . Faisncis 1' son doll ie Sm doll cimltcas sin a a agus d6 sll'ld aglls d'flleadfadh ebllar n'lnda ngus' ebllar faoi a bllcitll lmata. Toll'mlscicul don marcllur no dheanamll al' all bllfalsnels sco, non useld llisti no uon ghm'tvmh it ar ii l'ilUI'flHUllJl], ag daoinc no ug cimltis dcllas all falglucoir beanaiille. Mlle irl a fuull in sen, cull sce'dla cllulg an Seoltell' 16 do than aglls scrlos all d'aon n'oml auc. ls polasal All Ghal'tla Siuchiinii Seoladh ehllalr cllolull a agus mi'is do gh lea! gul ebllar cnlull aid :3 sen ba chear! duit du] i dteagmliail leis an seoltdii agtts le lelthl'each. The infonnation transmitted is intended only {or the person or entity to which ll it tddressed and may contain confidential and/or privileged material. Any review. retransmission, dissemination or other use oi; nr taking of any notion in relianee upon, this information by persons or entities other than the intended recipient is prolii ited [fyou received this in error, eontaet the sender and delete the material from any It is the poliey ofAn Gin-tin Sioehana to disallow the sending material and should you that the material contained in this message is offensive you should contact both the sender and postmastel@garda.ie immediately. From Rebecca To: Rt Dale: 2a,05l2m713 t2 Sumecr Re Fw CCTV Ht Camenne, Please herewtm my overvlew of partlcutarly retaiton to my eenveteauon Geovge Tnmule momlng As discussedt In snott there l5 no guldellnes In terms of secuon 380 1) atmough there IS a code at practtce/sutte oldocuments In terms of under socllon 35mm) avaltabte at //|ustlce Ho advlses me that the Code of Practlce nes been cleared by the Data Protectlon Commisslon and the ofllce and that W5 document could be used as a basls out guidetlnes As dlscussedt he suggesled we meet mm betore we go ahead and levlew the guldetlnes ne advlses that they have not recelved any under the new scheme 50 there be lessons to be leamed once those come nope overview ts not too convoluted tam happy to talk to Helen about it tt lt would lletp Kl'ndest legavds' Rebecca [attachment and AGS CC I Ovewlow by Rebecca 24 May 2017 Policing Authority’s Role in relation to CCTV and the Garda Síochána 1. Role of the Garda Commissioner and the Policing Authority: The obligations on both the Policing Authority and the Garda Síochána in terms of CCTV are contained in section 38 of the Garda Síochána Act 2005. i) Garda Commissioner Under the terms of the section, the Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places by facilitating the deterrence, prevention, detection and prosecution of offences, in specified areas.1 Authorisation for the installation and operation of CCTV may be given to (a) members of the Garda Síochána; (b) persons who meet certain criteria and who are retained under contract by the Commissioner; and (c) “persons who meet the established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area.”2 The Garda Commissioner must establish criteria for the purposes of the second category (ie persons retained under contract by the Commissioner).3 ii) Policing Authority The Authority’s main obligation under the Act in relation to CCTV is as follows: i) The Authority, with the consent of the Minister, – a) shall issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons, and b) may revise those guidelines or may withdraw them and issue new guidelines4 The Authority must provide the Minister with any guidelines issued under section 38, as well as any revisions, as soon as practicable after the guidelines are issued or revised. The Minister shall then cause a copy of the guidelines, and any revisions, to be laid before the Oireachtas.5 In addition: ii) The Authority shall establish the criteria in relation to the third category of persons (ie s38(3)(c) in relation to authorisation given to local authorities), with approval of the 1 Section 38 (1) and (2) Section 38(3) These criteria under s38(3)(c) were originally outlined in Statutory Instrument 289/2006 and include, for example, that the applicant and anyone involved in the operation, management and control of the CCTV is of good character; and that they are capable of installing and operating the CCTV efficiently (see http://www.irishstatutebook.ie/eli/2006/si/289/made/en/print) George Trimble confirms that that is the correct and most current SI. 3 Section 38(3)(b) 4 Section 38(11) 5 Section 38 (12) 2 1 24 May 2017 iii) Government. The Authority may also establish different criteria for different classes of applicants for authorisation.6 The Commissioner may, with the consent of the Authority, revoke an authorisation due to failure to comply with the terms and conditions of the authorisation, or with a direction issued by the Commissioner7 2. Current Position: We received correspondence8 in February 2017 from Mr George Trimble, Policing Division, Department of Justice and Equality, in relation to the “Scheme for grant aid in respect of community CCTV systems”, which invited our observations. This correspondence outlined the basis for the scheme and the criteria necessary to receive the grant. In response, we noted the Authority’s obligation to establish criteria for s38(3)(c) and our obligation to issue guidelines under s38(11). We noted, however, that we have no role in overseeing the scheme. We did not make any observations in relation to the substance of the scheme at that time. We did seek confirmation that the new “Code of Practice for Community Based CCTV Systems”9 replaced the existing “Justice Code of Practice for CCTV Systems authorised under section 38(3)(c), Garda Síochána Act 2005”. I have spoken to Mr George Trimble this morning and he advises me that this is the case. The original version of the Garda Síochána Act 2005 stated that the Minister alone was responsible for issuing guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons under section 38(11).10 The Department have not specifically issued guidelines under section 38(11) as such. Mr Trimble advises me that these two documents mentioned (ie the previous Justice Code of Practice and the current Code of Practice for Community Based Schemes) are specifically aimed at covering the community based schemes. He advises me that the “Code of Practice for Community Based CCTV Systems” (along with the suite of documents accompanying the code (ie guidelines for applications etc) is the only documentation in terms of guidelines etc issued by the Department in this area. He advises me that he does not think that the code will require much work in terms of turning it into general guidelines in accordance with our duty under section 38(11) but may require some specific reference to the section. He advises me that the Department do not expect any further guidelines to issue at this time. Therefore, in terms of the current position, there is no specific document which could be defined as guidelines under section 38(11). 3. Next Steps:  I am in the early stages of carrying out research in the area, including comparative research, in order to formulate a plan for drawing up guidelines in 2018. 6 Section 38(5) Section 38(8)(b) 8 PA/2017/56 9 Available at http://justice.ie/en/JELR/Pages/Community-Based-CCTV 10 The original version of section 38(11) is available at http://www.irishstatutebook.ie/eli/2005/act/20/section/38/enacted/en/html#sec38 7 2 24 May 2017  We received material on the Garda Síochána’s policy on CCTV in July 2016 at which time we were advised that the policy was at an advanced stage of being reviewed and revised. We are awaiting receipt of the updated policy from the Garda Síochána. 3 CCTV Overview i . imfeehily t5/ue/2ol7 1925 CEPieise 'eenoei Da'le' 7 Subiect i Helen Hall isms/2017 19 25 - CCTV Ochiew Josephine I mentioned to you belore went on leave that Rebecca had done an overview male (or Calherlne and i in relation to CCTV. While it took many discussions with the Department of Justice she also got confirmation recently before she fell in that there are no exisling guidelines in terms at section 35(11) although there IS a code at praclloe/Sulle ul documents in terms alehgioility under section astaite) available at We understand that this Code oi Pracltoe has been cleared by the Data Protection Commission and the A65 office and might be usable as a basis for our guidelines. in essence this has now come up the priority Catherine and i can talk to you about it furlher when we gel through PAC on Tuesday Kind regards Helen El Policing Authority and A65 CCTV Ovewiew docx AN TUDARAS POILINEACIITA POLICING AUTHORITY Request for Material To: Superintendent John Keegan, Garda Siochana From: [Rebeccu Moynihan], Policing Authority Garda Actions Register Reference No.2 253 I would be grateful if you would arrange to provide the following material Meeting to discuss CCTV This is further to a request by: Enter details] If you have any queries regarding this request please Contact the undersigned: Material requested should be provided by email to: Gardaliaison@nolicingauthorig ie And copied to Signed: Rebecca Moynihan Phone: - Request Noted on Register by Date: Re: Fw: Request 253 Catherine Pierse, Sean J. . 27/06/2017 11:56 Carpenter 1) An outline of the governance of CCTV within the Garda Siochana There are 3 categories of persons who may be authorised to operate CCTV: 1) members of AGS 2) persons who are retained under contract with the Commissioner 3) community based CCTV The following documents relate: Garda Policy and Code of Practice for Garda CCTV Systems in Public Places (HQ Directive 82/09) governs AGS CCTV. This document was at an advanced stage of review and updating in July last year. I have requested the updated version but it has not been received. I would like to know if this has been updated. According to the documentation we received in July 2016, no schemes under s38(3)(b) have been sanctioned. I would like to know if this is still the case and what the position is in terms of 538(4) (ie the Commissioner's obligation to establish criteria for the purposes of s38(3)(b)) In terms of s38(3)(c), community based schemes, there are several documents which cover application and operation of the scheme available at The criteria for these sort of schemes were encapsulated in SI 289/2006 and remains the position. From what I can see, in effect, the application can be made by any community based group ie Local Authority, community group etc. An application requires an assessment of need form to be completed by a local divisional officer of a letter of approval from the JPC and "evidence of authorisation of the Commissioner in accordance with 538" (l am not sure how this comes about) From what I can see, once the system is installed, regular reviews are supposed to be carried out to ensure that the provisions of the code of practice etc is complied with: a report on this review is to be provided to the Data Controller in order that compliance with legal obligations and provisions of the Code of Practice can be monitored. An internal annual assessment must also be undertaken which evaluates the effectiveness of the system. In short, I would be curious to know what involvement, if any, either AGS or the Department have once the system is installed, particularly given the Commissioner's right to withdraw authorisation for the scheme for the failure to comply with the terms of the authorisation under s38(8)(b). 2) How CCTV locations are identified and chosen: It seems that in terms of a community based scheme, this would be outlined in the application. In terms of the AGS, it is not exactly clear whether it starts with the local Crime Prevention Officer or with the Divisional Officer. Applications seem to go to the Advisory Committee and then to Assistant Commissioner Strategy, Training and Professional Standards who then makes recommendations to Deputy Commissioner, Strategy and Change Management who then makes recommendations to the Commissioner. 3) The oversight in relation to the operation of CCTV: As outllned above the Data Comrallel seems be |he \ast lelms of the communlty based scheme In terms 01 We Gerda operated CCTV efiectlve overall managemem ol the system re5|s me \ocal Officer relauon the ogeratlon of CCTV by contractors See above 5 The lelallonshm Communllvaased CCTV Operflonet A condition 07 the commumly based authorlsalwon '5 that (he Garda' need |0 be gwen access I would be curious In know In terms cf numbers what the ratio of Garda operated In community based Is. Dl CCTV wllhin the Gerda Siochena Sean Carpenter/AH Camenne Rebecca rce amazon 2s Request 253 FY17 sorw guys I thought I cc'ed you on my Sean Cavpenlev'JE' re>> <Engagemem 1h Harcoun Square on 27/05/17 a1 15 30 (0 Confirm that I m" be attending along Calherlne Plerce' Rebecca Moynlhan and Richard The areas we be mokmg Io dlscuss are 1) Ah oulhne ol the governance cl CCTV the earda Slochana; 2) How CCTV locallons are ldenhheu and chosen 3) The in relahon la lhe operahan al 4) The 1r. relahon lo me operahoh cl CCTV by comraclors, 51 The CCTV operallons' 5) of CCTV the Game Siocha'na I'd also like to requesl any pulley documents or guldelines lhal be useful and available lo read advance 01 me meeung Regards, Seen 1e) "SeanJ Carpenter" le>' "'Rebeccax le> aldallalson@p0hcmgaulhanly le'" From: Sean J. Carpenter --1 Sent: 09 June 2017 09 59 To: Cc: 'Rebecca X. Moynman' Subject: Re: FW: Request 253 Good mormng Clara. Unfoflunately the 22nd doesn't sun on our end Cou'd suggest (he mormng of elther the mm or the 23rd mstead'? Regards, Seen mu Muymhan Sean Carpemer"'< -- lag/05,2017 my 42 FW Recuest 253 ,m 4er mm" mm H, m: 1mm, . m: mum "hm .HManh mm, From: Sent: 24 May 2017 15:56 To 'Rebecca x. Moym'han' Cc. 'gardahalson@pohongauthonty Ie' Subject: Request 253 e4 l" J: iftgmooi Rebeca \Cd :0 )m 9* \odm, MULdmg u; utmoMr'vumyuei uHheh'A' dud/mm. haw" wl'l'lfyfi ne dntumen atwn' n'jrnm'ion mi he 'Qrwarded You an vrd: (mu; soriginal Message 77777 From: Rebecca x. Moyninan [m Sent' 24 May 2a17 14:39 To: policingeuthoritytiaisdn CC: Darragh Stapletpn Subject: Request 253 Hi all, Please Find attached a request ten myself and Ms Catherine piense to meet witn the most appropriate person to discuss ccrv. Kindest regards, Rebecca (See attathed File. 253 Meeting tp distuss Is le haghaidh an duine no an eintitis er a bhFuil si dirithe, agus le haghaidn an duine rid an cintltis sin amhdin, a oheartaitear an Fhaisne'is a agus feadi'aidh se go bhtuil alihar Faoi ru'n agus/no Faoi phribhleid inti. Toir'misctear aon atar'chur mi leathadh a dheanamh ar' an bhFalsnejs seo, aon u'sa'id eile a onaint aisti no aon ghniomh a dheanamh ar a hiontaoioh. ag daoine ag elntitis seachas an falghteoir' heartaithe. Me Fuair til 2' seo Ir'i dhearmad, te'igh i dteagmhail leis an seoltoir, le do thoil, agus scrios an tea'ohar as aon riomhaire. is heartas An tUdara's Po'llirleachta sedladh ahhair tholuil a dhitheadu'. Ma's rud e' go measann til gur' a'ohar ate san a'onar ate sa teachtaireaeht seo is ceart duit dul i dteagmha'il leis an seoltoir la'ithreach agus le thomh maith. rne intormation transmitted is intended only tor the person or entity to which it is addressed and may contain contidential and/or priuileged material. Any retransmission, dissemination or other use ot. or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. IF you received this in error, please Contact the sender and delete the material From any computer, It is the policy of The Policing Authority to disallow the sending ot offensive material. Should you consider that the material contained in this message is ottensiye you should contact the sender immediately and also mailminder [at]policingauthority.ie. Faisne i see don te sin n6 don einliteas' sin a bhfuil a sheoladll uirthi, agus dt'l sitid amheirl. aglls d'fhe'adfadll Eibhilf agus/ rib z'ibhar faoi phribhleld a bheith iniata. Toirinisctear aon zltarchur nil leathadh a dheanainh ar an set), not) ill cilc a uisti nt') lion gllniunih a dheunamh air a hlilntaoibh. ag dauine ni'l ag eintitis seachas an faighteoir beanailhe. Mes tri bltoliin a fuair til 6' set), culr sceala ehuig an le (10 thoil agus wrins an t-ebl'lar d'aon n'tlmhaire, pnlasai An Gharda Sincha'na scoladh zibhztir cholt'lil a dhi'cheztdt'l. agils mes deigh leat gur dhhar colt'lil at!) 5:1 teachmircacht seo ha cllean duit dul i dteagmhdil leis an scoltell agus 1c st 1? Edrd' luithre The information is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission. dissemination or other use 01', or taking of any action in reliance upon, this information by persons or other than the intended recipient is prohibited. [fynu received this in error. please Contact the sender and delete the material from any computer. It is the policy of An Liardd Siuchana to disallow the sending material and should you consider Ihat the material contained in this rne ge is offensive you should ctmtuct both the sender and immediately. Isle haglaldli an duine ne :ln eintitls air a blifuil si' di'rithc, agus 1c haghaidh an duine no an eintitis sin amhain, a bheartaitear an thaisne?is a tarchuireadh agus f?adfaidh s? go bhfuil abhar faoi run agus/no faoi phribhl?id inti. Toirmisctear aon atarchur no leathadh a dh?anamh ar an bhfaisneis seo, aon usaid eile a bhaint aisti no aon ghniomh a dh?anamh er a hiontaoibh, ag daoine no ag eintitis seachas an faighteoir beartaithe. Ma fuair tn seo tri dhearmad, t?igh i dteagmhail leis an seoltoir, 1e do thoil, agus scrios an t-abhar as aon riomhaire. Is 6 beartas An tUdaras P?ilineachta seoladh abhair choluil a dhicheadu. Mas rud go measann tu gur dbhar coluil ata san abhar ata sa teachtaireacht see is eeart duit dul i dteagmhail leis an seoltoir laithreach agus 1e chomh maith. The information transmitted is intended only for the person or entity to which it is addressed and may contain con?dential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. It is the policy of The Policing Authority to disallow the sending of offensive material. Should you consider that the material contained in this message is offensive you should contact the sender immediately and also mailminder [at]policingauthority.ie. Faisn?don eintiteas sin a bhfuil a sheoladh uirthi, agus do siud amhain, agus d'fh?adfadh abhar runda agus/ no abhar faoi phribhl?id a bheith iniata. Toirmisctear aon atarchur no leathadh a dh?anamh ar an bhfaisn?is seo, aon usaid eile a bhaint aisti no aon ghniomh a dh?anamh ar 21 hiontaoibh, ag daoine no ag eintitis seachas an faighteoir heartaithe. Mas tri? bhot?n a fuair tn seo, cuir sc?ala chuig an seoltoir 1e do thoil agus scrios an tnabhar d'aon riomhaire. Is polasai An Gharda Siochana seoladh abhair choluil a dhicheadu, agus mas doigh leat gut abhar coluil at?. sa teachtaireacht seo ba cheart duit dul i dteagrnhail leis an seoltoir agus le postmaster@garda.ie laithreach. The information transmitted is intended only for the person or entity to which it is addressed and may contain con?dential and/ or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material ??om any computer. It is the policy of An Garda Siochana to disallow the sending of offensive material and should you consider that the material contained in this message is offensive you should contact both the sender and postmaster@garda.ie immediately. 29 June 2017 Meeting with Garda Bureau of Community Engagement – 27 June 2017 Sergeant Pat Conway, Catherine Pierse, Rebecca Moynihan and Sean Carpenter                       HQ Directive 82/2009 still in effect Currently no s38(3)(b) schemes and as a result no guidelines under s38(4) Most community based scheme cameras are recorded only and are not monitored in real time Under the old community based scheme, operated by Pobal, AGS used to be the Data Controller Some community groups are paying for the CCTV systems themselves (ie not applying for the Department of Justice funding) and giving them over to AGS as Data Controllers (the “Tramore model”) There is currently no funding for Garda systems (ie type s38(3)(a)) and there has not been since 2009 Type (a) schemes are live monitored The scheme for receiving authorisation from the Commissioner for the purposes of an application under s38(3)(c) is the same as the process by which s38(3)(a) and (b) type schemes apply for authorisation as outlined in HQ Directive 82/2009. This involves a presentation to the CCTV Advisory Committee Upgrades to a system would also involve a presentation to the CCTV Advisory Committee CCTV Advisory Committee is still in place as per HQ Directive 82/2009. They review/process applications for CCTV systems in public places Recordings can only be kept for 30 days unless there is an investigation ongoing in which case the recording can be kept longer All requests for CCTV footage must go through a Superintendent who requires specific details for example start/end times and the reason for the request - a corresponding PULSE number is also required In terms of GDPR, the only real change foreseen by Sergeant Conway is that the Local Supt will have more responsibility as Data Controller Although community based scheme funding is based on the undertaking that the applicant has enough funding for 5 years, it is a matter for the Department of Justice if this turns out to not be the case and the system is not maintained Depending on the nature of the CCTV scheme there can be different Data Controllers Local Authorities already have large repositories of camera footage (from traffic cameras, monitored recycle centres etc.), therefore in many cases they are already Data Controllers with established procedures; Issue of lack of funding to upgrade existing cameras It is not fully clear what the CCTV MRP project entails - Sergeant Conway believes their function is to look at the "bigger picture" It takes approximately 18 months for the entire CCTV Application process to be finalised, as a result Sergeant Conway does not envisage any new schemes being developed this year through the new funding model Sergeant Conway is unclear as to the function/meaning of s(38)(11) Generally communities are eager to have CCTV - not always the solution – may be that better lighting, Text Alert or Community Watch, for example, would solve the problem Crime Prevention through Environmental Design: idea that builders of public buildings should have to consult with AGS as part of the planning to ensure that it is designed with crime prevention in mind. A lot of crime occurs as a result of environmental factors eg poor lighting, parking, overgrowth of vegetation etc. At the moment, there is no security standard for public buildings in Ireland. The Bureau of Community Engagement is liaising with the Department of the Environment in this regard 29 June 2017  Bureau of Community Engagement are also involved in training of Ethnic Liaison Officers (community guards who are specifically trained in issues around ethnicity) Follow-up action required:  Request data through liaison office on community scheme numbers etc  Arrange a meeting with Chief Supt Dominic Hayes, in relation to the CCTV MRP Committee  Consider the Authority’s next steps in terms of s38(11) 12 October 2017 Meeting with Garda Bureau of Community Engagement – 27 June 2017 Sergeant Pat Conway, Catherine Pierse, Rebecca Moynihan and Sean Carpenter                       HQ Directive 82/2009 still in effect Currently no s38(3)(b) schemes and as a result no guidelines under s38(4) Most community based scheme cameras are recorded only and are not monitored in real time Under the old community based scheme, operated by Pobal, AGS used to be the Data Controller Some community groups are paying for the CCTV systems themselves (ie not applying for the Department of Justice funding) and giving them over to AGS as Data Controllers (the “Tramore model”) There is currently no funding for Garda systems (ie type s38(3)(a)) and there has not been since 2009 Type (a) schemes are live monitored The scheme for receiving authorisation from the Commissioner for the purposes of an application under s38(3)(c) is the same as the process by which s38(3)(a) and (b) type schemes apply for authorisation as outlined in HQ Directive 82/2009. This involves a presentation to the CCTV Advisory Committee Upgrades to a system would also involve a presentation to the CCTV Advisory Committee CCTV Advisory Committee is still in place as per HQ Directive 82/2009. They review/process applications for CCTV systems in public places Recordings can only be kept for 30 days unless there is an investigation ongoing in which case the recording can be kept longer All requests for CCTV footage must go through a Superintendent who requires specific details for example start/end times and the reason for the request - a corresponding PULSE number is also required In terms of GDPR, the only real change foreseen by Sergeant Conway is that the Local Supt will have more responsibility as Data Controller Although community based scheme funding is based on the undertaking that the applicant has enough funding for 5 years, it is a matter for the Department of Justice if this turns out to not be the case and the system is not maintained Depending on the nature of the CCTV scheme there can be different Data Controllers Local Authorities already have large repositories of camera footage (from traffic cameras, monitored recycle centres etc.), therefore in many cases they are already Data Controllers with established procedures; Issue of lack of funding to upgrade existing cameras It is not fully clear what the CCTV MRP project entails - Sergeant Conway believes their function is to look at the "bigger picture" It takes approximately 18 months for the entire CCTV Application process to be finalised, as a result Sergeant Conway does not envisage any new schemes being developed this year through the new funding model In relation to the Policing Authority’s interpretation of its function under s(38)(11), Sergeant Conway could not offer advice on this matter. Generally communities are eager to have CCTV - not always the solution – may be that better lighting, Text Alert or Community Watch, for example, would solve the problem Crime Prevention through Environmental Design: idea that builders of public buildings should have to consult with AGS as part of the planning to ensure that it is designed with crime prevention in mind. A lot of crime occurs as a result of environmental factors eg poor lighting, parking, overgrowth of vegetation etc. At the moment, there is no security standard for public 12 October 2017  buildings in Ireland. The Bureau of Community Engagement is liaising with the Department of the Environment in this regard Bureau of Community Engagement are also involved in training of Ethnic Liaison Officers (community guards who are specifically trained in issues around ethnicity) Follow-up action required:  Request data through liaison office on community scheme numbers etc  Arrange a meeting with Chief Supt Dominic Hayes, in relation to the CCTV MRP Committee  Consider the Authority’s next steps in terms of s38(11) CCTV Intro 0 This is a paper on the use of CCTV systems by local authorities and the Gardai and the various issues that arise. It references the Data Protection Commissioners, the application process, the retention period, the current established criteria for the authorisation and installation and relevant media coverage. Proportionalitv test 0 The Data Protection Commissioners use a proportionality test in relation to the operation of CCTV systems in Ireland. The DP Acts require that data is "adequate, relevant and not excessive". 0 An organisation must be able to demonstrate that installing a system that collects personal data on a continuous basis is justi?ed. If a data controller1 is satis?ed that it can justify installing a CCTV system, it must consider what it will be used for and if these uses are reasonable in the circumstances. 0 Security of premises or other property is probably the most common use of a CCTV system. These are likely to meet the test of proportionality as they are typically intended to capture images of intruders or of individuals damaging property or removing goods without authorisation. - Using a CCTV system to constantly monitor employees and to monitor areas where individuals would have a reasonable expectation of privacy would be dif?cult to justify and may fail the proportionality test. Retention period - Section of the Data Protection Acts states that data "shall not be kept for longer than is necessary? for the purposes for which they were obtained. The Local Authority must be able to justify this retention period. The storage medium should be stored in a secure environment with a log of access kept. GS Role 0 Implementation of Garda policy on CCTV is overseen by an advisory Committee appointed by the Garda Commissioner. 0 The remit of the CCTV advisory Committee is to: Examine applications for CCTV and make recommendations relative to prioritisation 1 Each Local Authority must undertake to act as the Data Controller for the purposes of the Data Protection Acts, and for the purposes of obtaining an authorisation to operate a CCTV system under sec 38(3)(c) of the 2005 Act 1 Oversee research into existing CCTV projects in order to gather information to assist future policy formulation. (0) Ensure commonality of procedures and compatability of technology. (d)Advise the Commissioner on future trends in CCTV technology Revise, as appropriate, the current Code of Practice for the operation of CCTV systems. Make recommendations on monitoring strategy Application process for CCTV svstems (ii) An application for authorisation for the use of CCTV must be approved by the Local Authority after consulting with the PC. Applications for CCTV systems must be forwarded through Divisional Officers to the Assistant Commissioner, Strategy, Training and Professional Standards and must be supported by the following information: Crime Disorder statistics in the area Population and level of activity of centre Estimated cost (iv) Accommodation and resources to monitor proposed system (V) Recommendation of local garda management (vi) Special circumstances needs (vii) Details of the proposed implementation process, General indication of size and type of system required, (ix) Coverage and performance expected of the system, (X) Estimates of capital and current funding required for the installation, operation and maintenance of the system. Applications are assessed by the CCTV advisory Committee who forward their recommendations to Assistant Commissioner, STPS. They make recommendations to Deputy Commissioner, Strategy and Change Management on the provision or otherwise of the system. He/ she makes a recommendation to the Commissioner and if the Commissioner is in agreement he she will request the Deputy Commissioner to request the funding from the Minister. A project team is set up to assess the need for CCTV and the team will draft written submission to the Advisory Committee through the Assistant Commissioner. The team will assess the local problem and indicate how CCTV would impact on the problem. The Established Criteria The Authority is required to establish criteria for the authorisation of the installation and operation of CCTV. Section 38(5) ?The authority shall, by order, made with the approval of the Government, establish criteria for the purposes of subsection 3(0) and may establish di?ferent criteria for di?ferent classes of applicants for authorisation?. The current established criteria was set out by the Department in Statutory Instrument 289/06. These criteria were incorporated into the Garda policy documents and are now a crucial element in any application for Commissioner?s authorisation. They are as follows: They are capable of installing and operating the CCTV efficiently They are of good character The application includes the following details: Name and address of each person connected with the application (ii) The sources of funding for the CCTV The location of the optical devices used and the extent of their coverage (iv) The arrangements for monitoring, recording and disclosing the images and for preserving the recordings (d)An undertaking must be made by the local authority that it will act as data controller They will give members of GS access at all times to the CCTV for the purposes of supervising and controlling its operation They will comply with any directions of the Chief Super in charge of the division The CCTV will at all times comply with any technical speci?cations issued by the Garda Commissioner. Media Coverage 04/ 08/2016 irish?news/ crime massive?fall?in?crime?as? A local businessman set up a Community Alert group and raised over 15,000 in the Community to buy and install CCTV system without planning permission. ?We could not afford to wait around because of red tape. The proof that they work is that there has been no criminal activity for the past year. We broke the rules and we make no apologies for that because it is a small price to pay to protect our community. Planning permission and red tape dictates that you must have a big problem with crime before permission is granted. Our nearest garda station is Abbeyleix which is a half hour away and it closes every night at 9pm. They have only one squad car to cover an area 50 miles wide so what chance have they of providing the level of policing that is needed," The businessman has subsequently been invited by other community alert groups to advise them on the use of CCTV. 12/ 04/ 2016 http: Dublin City Council erected a poster in a litter blackspot in the north inner city, showing people caught on CCTV dumping rubbish on the street. CCTV cameras were previously installed and had some effect in reducing dumping. However, within a day of the poster going up last week, the street was clear. ?For the last 10 years we?ve had signage there warning people not to illegally dump, but every day we would have to clear up bags, and sofas and other furniture, and even builders? rubble, but this poster has made such a di?ference,? said John McPartlan, public domain of?cer with the council. The Data Protection Commissioners Office contacted the council in relation to the publication of CCTV stills asking to justify their use: ?It should be pointed out that the processing of personal data must be done fairly, demonstrate proportionality and not be overly prejudicial to the fundamental right of the individual to data privacy.? Mr McPartlan said he would be responding to the commissioner this week. ?We have to make a case that our use of the images is proportionate response to the issue, and our view is that it is, because illegal dumping leaves the city in a terrible mess.? 0 Note: There have been many incidents of local authorities planning to purchase CCTV systems to combat illegal dumping throughout Ireland. In Clare one local authority considered planting CCTV cameras in washing machines and other rubbish in order to catch illegal dumpers. Local Fianna Fail Councillor ?There might be a small cost for the CCTV but the cost of cleaning up this rubbish is absolutely huge at the moment. ?It?s a big cost to the council and this could save a lot of money.? 5443038 Issues for Local Authorities 0 During the announcement of the completion of a CCTV system, Mayo Co Co noted the time delays due to the cost involved: ?After a number of years in trying to secure funding and the best system to purchase, the CCTV system was finally installed and went live last year.? http: news In a meeting of Wexford?s Jim Allen questioned if there were any other areas around the town where the Superintendent felt that there should be additional CCTV cameras. is not cheap,' said Supt Conlon, think at the moment we have it where we need it. http:/ - Following a PC meeting Damien Brady said CCTV systems should be expanded to be used in areas Where Garda stations have closed. httD: news 0 During a meeting on 19fh May 2016 of Monaghan Municipal District there was debate about whether the introduction of a CCTV system in the centre of Monaghan Town would be effective, or would be something that would ?let the Gardai off the hook?. http: 2o 16 /05/10 /cctv?for-monaghan-town? The time delays of this process was also evident in this article. A year?and?a?half after tenders were invited for the city centre CCTV surveillance project, Derry City Council confirmed it was finally awarded a contract. http: ournal.com/ news /business cctv?1-6581020 0 There is also an additional cost involved in having 24 hour monitoring of CCTV systems. This was an issue for a North Cork town where video footage from cameras is fed to a monitoring system in the local town hall and surveyed only after a crime has been committed. However, members of the town?s Joint Policing Committee (J PC) want the cameras moved to the local Garda station where they can be monitored around the clock by Gardai. This will cost in the region of ?10,000 and fundraising is being organised to achieve that target. ?It would be of immense benefit in tackling crime, especially when incidents could be nipped in the bud,? Mullally said. http: Surve Despite the different geographical nature of the Local Authorities, waste represents the greatest challenge among all enforcement activities for each of them. According to a recent survey study carried out nationwide with the environment departments of all the Local Authorities, the top ten environmental enforcement issues faced are directly linked to waste activities. Out of the 34 Local Authorities in Ireland, 17 of them participated in the survey. The graph below shows the results collected from the surveyed Local Authorities when they were requested to name their top five environmental enforcement issues. http: eprints.mavnoothuniversitv.ie/ 40 61 1 RF new%20cctv.pdf 9% EM. with issue: In theirtep ,5 Figure .1: Trash Local Muir: lwnmunlal Issues [577}, The Local Authorities were also asked to name the technologies that they use, or have used, to tackle illegal waste activities and were requested to distinguish if these technologies were used in rural or urban areas. The results collected show that CCTV systems are the most widely used technology in both urban and rural areas with 100% of the Local Authorities either using this method permanently or temporally in specific areas associated with illegal dumping. This highlights the importance of CCTV for local authorities. AN TUDARAS POILINEACIITA POLICING AUTHORITY Request for Material To: Superintendent John Keegan, Garda Siochana From: [Rebeccu Moynihan], Policing Authority Garda Actions Register Reference No.2 288 I would be grateful if you would arrange to provide the following material 2 I would be grateful to receive the number of community>>based schemes that have been approved by the Garda Commissioner, in total if possible, please. This is further to a request by: Enter details] If you have any queries regarding this request please Contact the undersigned. Material requested should be provided by email to: Gardaliaison@nolicingauthorig' Signedzikebecca Moynihan Phone: 01 8589037 Request Noted on Register by Date: Rh: Request 388 Coxmnunily based CCTV schemes 'Rebecca X. Moynihan' 11 072017 16:08 Cc: Ddrrugh StapletmL .ie" Hide Detail From. Pulicm AmhorityLiuisun Page 2 of 2 Is le haghaidh an duine no an eintitis ar a bhfuil si dirithe, agus le haghaidh an duine n6 an eintitis sin amhain, a bheartaitear an fhaisn?is a tarchuireadh agus f?adfaidh s? go bhfuil abhar faoi run agus/no faoi phribhl?id inti. Toirmisctear aon atarchur no leathadh a dh?anamh ar an bhfaisn?is seo, aon Us?id eile a bhaint aisti no aon ghniomh a dh?anamh ar a hiontaoibh, ag daoine no ag eintitis seachas an faighteoir beartaithe. Ma fuair tu seo tri dhearmad, t?igh i dteagmh?il leis an seoltoir, le do thoil, agus scrios an t?abhar as aon riomhaire. Is beartas An tUdar?s Poilineachta seoladh abhair choluil a dhicheadu. Mas rud go measann tu gur abhar coldil ata san abhar ata sa teachtaireacht seo is ceart duit dul i dteagmhail leis an seoltoir l?ithreach agus le mailminder[ag] policingauthority.ie chomh maith. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. It is the policy of The Policing Authority to disallow the sending of offensive material. Should you consider that the material contained in this message is offensive you should contact the sender immediately and also mailminder [at]policingauthority.ie. Faisn?isi seo don te' sin no don eintiteas sin a bhfuil a sheoladh uirthi, agus do siud amhain, agus d??i?adfadh abhar runda agus/ no abhar faoi phribhl?id a bheith iniata. Toirmisctear aon atarchur no leathadh a dh?anamh ar an bhfaisn?is sec, aon usaid eile a bhaint aisti no aon ghniomh a dh?anamh ar a hiontaoibh, ag daoine no ag eintitis seachas an faighteoir beartaithe. Mas tri bhotun a fuair tu seo, cuir sc?ala chuig an seoltoir le do thoil agus series an t-abhar d?aon riomhaire. Is 6 polasai An Gharda Siochana seoladh abhair choluil a dhicheadu, agus mas d?igh leat gur abhar coluil ata sa teachtaireacht seo ba cheart duit dul i dteagmhail leis an seoltoir agus le postmaster@garda.ie laithreach. The information transmitted is intended only for the person or entity to which it is addressed and may contain con?dential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. It is the policy of An Garda Siochana to disallow the sending of offensive material and should you consider that the material contained in this message is offensive you should contact both the sender and postmaster@garda.ie immediately. 27/09/2017 An Gard-a Sioch?na information Request from the Policing Authority PA Date 8 September 2017 Request by Rebecca Moynihan Actions Register no. (if assigned} 288 Triate of request 11 July 201? Description I would be grateful to receive the number of community- based CCTV schemes that have been approved by the Garda Commissioner, in total if possible, please. To advise on all aspects of CCTV operated for the purpose of increasing public safety and reducing the risk of anti-sociai and criminal activity, the Gerda Commissioner established the CCTV Advisory Committee, which is chaired by Chief Superintendent, Community Engagement and Public Safety and comprises: Chief Superintendent, D.M.l?i. South Central {ii} Chief Superintendent, Meath Superintendent, Telecommunications {iv} Superintendent, Human Resource Development {iv} Representative from the Department of iustice 8L Equality {Garcia Division) Other, appropriate, persons may be invited to attended meetings by the Chairperson, as required. The Advisory Committee meets every quarter to examine applications received for CCTV projects; to place them in appropriate categories; and to make recommendations, insofar as prioritisation, in accordance with the objective criteria provided for under the Garda Siochana Act, 2005, as amended, and relevant Gerda Poiicy for the Operation and use of CCTV Schemes. Section 33, Gerda Siochana Act, 2005, as amended, provides the criteria and conditions governing the operation of CCTV schemes in a public place, which includes that all CCTV schemes operating in public areas are required to be authorised, in writing, by the Garda Commissioner. Under Section 38(3), of the Act, authorisation may be given to any or ali ofthe following: - members of the Garcia Siochana; - persons who meet the established criteria and who are retained under a contract with the Gerda Commissioner; - persons who meet the established criteria and whose appiication for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area. Page 1 of 2 Serrblu?si qorrmiriia pot-shearing ogus Hiunri'ciia shoidrhur Fe iironroor'bh, murm'n opus tocorocht no ndoome or biifreostoiormid To derive! pulsing our! security services With the trust, confidence and support of the acetate we serve Fiftv Five (55) communitv~based CCTV schemes have been approved by the Garcia Commissioner, the locations of which are listed below; Loca?on ?l Loca?on l. i?v'lovross 29. Kilorglin 2. Kanturk?ork 30. Dundalk 3. Drogheda 31. Cavan 4. Bai?na,h?avo 32. Kernnv 5. Letterkennv 33. Carrick-onuSoir 6. Loughrea, Galwav 34. Drogheda 7. Cranmore, Sligo 35. Lisdugganf Larchfield 8. Athenrv?alwav 36. Muliaghmatt 9. Forthill, Sligo Tallaght?jobstown Ahascaragh, Galvvav 38. Dubiin North West Inner Citx,r 11. Traiee 39. North Clondaikin 13. Waterford 41. 14. Borris in Osserv, Laois 42. Lo'ngford 15. Athv 16. DunmorefDurrow 44. Thurles 17. Ballinasloe d5. BrookfieldfFettercairn 18. Fermov, Cork 46. St Teresa?s Gardens 19. Limerick Clonmel 5 2t}. Gorev, Wexford 43. Ballina?curran Weston 21. Mailow 49. Ennis, Co Clare 52. Shanahoe, Laois so. Ballvmun - Shaogan 23. Tuam 51. Ballvmon?Poppintree 24. St. Mullins, Cari-ow 52. Bailymuo~?ouitrv 25. Blackoo'ol. Cori-c City 53. Ballvmun Balcurris 25. Borris Do Dssorv 5&1. Bailvmun - Sillogoe Sandvhill New Ross 55. Kileelv Thomondgate 28. Tralee Signature mm?! JohnTw WDEESV Deputv missioner Policing and Security Date A Seirbt 111' qofrmitifo nous shin 1115111 51112111111111 ie hiontaoibh muim?n ages tacoiomt no adenine or a bhfreosmiafmfd h?E?z T1 1.1111. profemonm? {21111-311191 and 511.: um}, services mm the trust con?dence and support of the peopie we serve Page I ot CCTV Rebcrcu XV Muymhan l0: Cathcrine Ptersc Hide Details From: X. nihan JELIUJSECTOR T01Calherinc $1 ME HP 201'' OX CCTV Helen and Josephine Papemlomt 2017 08 Papcr d0c\ 2017 Comparative Rescarchdocx 3 Attachments HI Camermet P1ease attached a few documents on CCTV that we dlscuss when yau get a chance The fu1l paper ts very much a ful1 overvtew olthe whole CCTV landscape I would hope that tt would act as a good foundatton paper tor any further documents The Helen and Josephthe document ts too long - would suggest out the current operatton subtect to whatever you I have attached the comparallve research document I wouldn't dream of you to read but tn short the regulatton ot CCTV tn the UK ts extremely but as far as can see there ts no of CCTV tn publlc p1aces oy etther the pottce (tn the s38(11) sense) or by an body such as the Scottish Pottcing Authority Just to remind you that Sean and 1wl11 be $10th to Swords Io dlscuss CCTV Pau1Retdthere on 13 September There are a Coup1e 01re1aled requests to we have not reoelved a response on the GAR 1 wt" follow up on Thanks Rebecca (Sec altuchedflle 201," 09708 I Compumnvu Research dacxMSee amahedfiln 201 7709 :41] Paper dacx)(5eu attached/lie 2017 09 OX TVIIelert Inu/Jm'ephiwe Paper,dnc'xl file:/r/( 'Ust 't'carpenlersjr'AppDatu/Lucal emp/l 3 nutcs702C88 "Wtb6007vhlm 27 09 '201 7 Paper XX_XX Initial Review of Policing Authority Role in Garda Síochána CCTV Authority Action required To consider the role of the Policing Authority in the oversight of Garda Síochána-authorised security in public places (ie CCTV) 1. Background Authorisation to install and operate CCTV in public places may be given by the Garda Commissioner to 3 different groups of persons, under s38(3) of the Garda Síochána Act 2005: a) Members of the Garda Síochána b) Persons who meet the established criteria and who are retained under a contract by the Garda Commissioner c) Persons who meet the established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area (ie “community-based schemes”) The Executive has been advised that there are currently no type (b) schemes in operation. 2. Current Governance 2.1 Documents The current governance documents in place for CCTV are as follows: a) Members of the GS b) Persons under contract by GS c) Community-based schemes Garda Policy and Code of Practice for Garda CCTV Systems in Public Places (HQ Directive 82/09) No documents Statutory Instrument 289/2006 Suite of documents in relation to applying for funding from the Department of Justice including Code of Practice, Technical Specifications and General Conditions (available at http://www.justice.ie/en/JELR/Pages/Community-BasedCCTV) There is an obligation on the Authority, under s38(11) to “issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons…” The Department of Justice and Equality, who were originally tasked with creating guidelines under s38(11), have advised us that they have not issued guidelines under the section as such. 1 2.2 Garda Síochána Committees   CCTV Advisory Committee examines applications for CCTV projects and oversees research into existing CCTV projects in order to gather information to assist future policy formulation MRP CCTV Management Strategy Committee’s purpose is to develop and implement a CCTV management system to ensure a consistent and effective approach to the storage, management and utilisation of CCTV footage. We are advised that the Committee’s strategy document was approved at the June Programme Board and this has been requested through the GAR 2.3 Role of the Data Protection Commissioner The main law in Ireland dealing with data protection (ie the obligation on an organisation/individual to keep an individual’s personal details safe and private) is the Data Protection Act 1988. A data controller is a person or group of people who control the content and use of personal details. Individuals have a right to data protection when their details are held on a computer, held on paper or in other manual form as part of a filing system and made up of photographs or video recordings of someone’s image or recordings of an individual’s voice. A data controller who holds information has certain obligations for example to get and use information fairly; keep it for only one or more stated and lawful purposes; keep the information secure etc. Individuals have the right to know if their personal details are being held by an organisation and have the right to prevent use of their personal details for purposes other than the main purpose, amongst others. Individuals should contact the organisation first and then the Office of the Data Protection Commissioner if he/she feels the data protection rules are not being followed. 3. Current Operation of CCTV The current types of CCTV in operation in public places in the State are (i) the purely Garda Síochána systems and (ii) the community–based systems. Garda Síochána Basic Information Large urban areas, big towns eg Temple Bar, O’Connell Street, Limerick, Cork and seaports Used as an aid to the policing of town centre areas with emphasis on i) crime prevention/detection; ii) assisting mobile patrols in the area; and iii) assisting local Garda management In carrying out their functions members shall act with all due respect for the personal rights for the personal rights of persons and their dignity as human beings Funding provided by Department – no funding available since 2009 Community-based schemes (based on the Department’s funding documents) Basic Information More localised, small towns, residential areas i) Assistance in the maintenance of public order and safety; ii) assistance in the prevention, detection and investigation of offences; and iii) assistance in the prosecution of offenders Respect for the individual’s liberty and privacy where no criminal offence has been or is being committed should be of primary consideration Funding provided by the Department (maximum grant awardable is €40,000: within this limit, grants of up to 60% of the total capital costs of the system may be awarded) or alternatively community groups can pay for the CCTV themselves 2 Supervision and Control Under control of Gardaí Overall management of a scheme, the requirement to comply with the Code of Practice, and the day to day management of the scheme, is the responsibility of the local Divisional Officer Data Controller is Superintendent Operators must be aware of the purposes for which the scheme was installed and may only use the cameras for those purposes Supervision and Control Unclear who has ultimate control although for the purpose of the Code of Practice the operator, who is the community-based group, must ensure the proper and responsible operation of the CCTV system The operator must ensure the proper and responsible operation of the CCTV system under their control and ensure that all persons operating or monitoring the system are appropriately trained in the system’s use by the system installer or other qualified persons Data Controller is Local Authority. A person must be designated by the Data Controller to have responsibility for ensuring the proper, efficient and orderly day to day operation of the system. Garda vetting must be carried out in respect of the proposed data controller and others who have access to the system Operator must ensure that all uses of the system are appropriate and in the interests of the community Monitoring and Recording Usually not monitored Supervisors are mandated to ensure that all uses of the system are appropriate and authorised in the public interest Monitoring and Recording Monitored on Garda premises, usually full time with the intention of detecting incidents and preserving public peace Recorded whether monitored or not Usually recorded only. Operators should assess whether it is necessary to carry out constant real time recording, or whether the activity which is causing concern occurs at specific times Access to material Access to material Only CCTV monitoring staff should have direct All access to media storage devices (ie CDs, access to the videotapes in general use. The DVDs, cassette tapes) onto which images are time of commencement of recording of each recorded should be documented by the Data videotape within the monitoring area video Controller or a manager or a designated cassette recorders and subsequent withdrawal member of staff acting on the Data Controller’s from the recording machine will be recorded by behalf the respective operator to the official documentation The review facility at each location is only to be Only persons authorised by the Data Controller used by Garda members authorised by the Local can be allowed access to the media storage District Officer to make use of that facility for devices used in the CCTV system. Access to the the purpose of reviewing a videotape. A recorded CCTV images should be restricted by member making use of the review facility must the Data Controller to a designated person or complete an entry in an official document which persons who have been Garda vetted. Other must include the Superintendent’s authority persons should not be allowed to have access to the area when a viewing is taking place 3 Videotapes must remain in lockfast facilities within the CCTV monitoring area at all times except when they are taken to court as evidence; when being reviewed in the review facility; when being taken to the Technical Support Unit for enhancement; or when they are removed from the storage facility All removable/portable media storage devices must be stored in secure facilities to which access is restricted within the CCTV control area except when they are requested by the Garda authorities and such a request is authorised by a member not below the rank of Superintendent or they are requested through the judicial process Review of the System Review of the System Maintenance log should be kept by the Data Controller The Superintendent in charge of the district will Operator must maintain an appropriate record maintain an appropriate record of the system’s of the system’s effectiveness and an internal effectiveness annual assessment must be undertaken which evaluates the effectiveness of the system Every year for the 5-year period, the Lead Group must furnish the Department of Justice and Equality with written confirmation that the CCTV system is still in operation and that all necessary maintenance, repair and replacement costs have been covered by the group The community-based group must agree to have the project monitored by the Garda Síochána and to allow access to its premises and records as necessary Note: certain suggestions were raised by the Data Protection Commission in relation to the operation of Garda CCTV systems in their Audit in 2014. They were advised that the Garda CCTV Policy was in the process of being reviewed. Our understanding is that the policy has not been reviewed since 2009. 4. Challenges Arising    On-going costs in terms of maintenance, repair and possible updating: often community groups underestimate the cost required for the upkeep of the system resulting in the windingup of the system Unexpected costs can arise in terms of, for example, cutting back shrubbery around the cameras on a regular basis Security of the equipment and vandalism 5. Possible Governance Issues 5.1 Data control and privacy issues      Right to privacy Access to recordings and live monitoring Use of recordings/images Risk that the positioning of cameras would be used to capture individuals on private property Broader issues of real and meaningful supervision 4 The Executive did not find any cases raised with the Office of the Data Protection Commissioner in this regard. 5.2 Technical and logistical issues    Lack of funding available for extension or updating of Garda CCTV systems Lack of funding for updating or replacing existing community-based systems although it is possible to apply for funding for extending such schemes Insurance needed for community-based equipment to protect against vandalism 5.3 Lack of a streamlined single network  Questionable whether the piece-meal system of Garda operated and community-based CCTV is the most efficient system of operating CCTV: could be suggested that this leads to variations in both the quality of the equipment and the resulting images but also creates greater opportunity for abuse 5.4 Lack of localised community policy documents The County Tipperary Joint Policing Committee Policy Paper on CCTV Provision in Public Places document was raised at the recent JPC Consultation event as an example of best practice in terms of policy on community-based CCTV at the county level. It could be suggested that creating such a policy should be a prerequisite of receiving funding. 6. Research and Consultation undertaken Members of the Legal, Policy and Research team met with Sergeant Pat Conway, Community Engagement Bureau and also spoke with Mr George Trimble, Policing Division, Department of Justice. Members of the Executive intend to meet with Mr Paul Reid, Chief Executive and Mr David Storey, Director of Operations on 18 September to discuss the CCTV schemes in operation in Fingal County Council. Comparative research was carried out but there does not seem to be a similar system in place in a comparable jurisdiction. There is a complex legislative system in place in the UK, with different acts applying to England and Wales, Scotland and Northern Ireland. There are also several codes of practice in place to assist organisations in complying with the various regulations. There does not, however, seem to be a similar relationship between police, local authorities and oversight bodies to that envisaged by section 38, in place in these jurisdictions. 7. The Authority’s role under section 38 and possible amendments 7.1 Section 38(5) The Authority is tasked with establishing criteria for the purposes of s38(3)(c), namely communitybased schemes, and may establish different criteria for different classes of applicants for authorisation. The current criteria for these schemes are set out in SI 289/2006. Issues arising: 5     Establishing these criteria may be more appropriately a matter for central government, particularly as it may relate to the allocation of state funds Criteria are already set down in SI 289/2006 and reiterated in the suite of documents produced by the Department of Justice in relation to the allocation of funding SI 289/2006 is over 10 years old: our obligation could be easily discharged by reviewing the criteria and consulting with the Garda Commissioner Unclear how a Statutory Instrument is initiated/amended Possible amendments/next steps:   Consult with the Garda Commissioner as to whether an update to the present criteria is desirable Investigate how a Statutory Instrument would be amended 7.2 Section 38(11)(a) In accordance with s38(11)(a) of the Garda Síochána Act 2005, the Authority, with the consent of the Minister for Justice and Equality, shall “issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons…” “Authorised persons”, for the purpose of the section, are persons who operate CCTV under contract for the Garda Síochána and community-based schemes. Issues arising:  Authority is not tasked with issuing guidelines to the Commissioner in relation to her supervision of strictly Garda Síochána schemes due to the definition of “authorised persons”  “Authorised persons” refer to applicants for authorisation which, for the purpose of s38(3)(c) is the community-based group. The Local Authority must be the Data Controller as a condition of the receipt of funding and must nominate a person to have responsibility for ensuring the proper, efficient and orderly day to day operation of the CCTV system. The Department’s Code of Practice in relation to the provision of funding for the schemes states that the communitybased group is deemed to be the operator and therefore must be responsible for the operation of the CCTV system. Therefore it is not clear who the guidelines under s38(11) would target.  Meaning of “monitoring” under the section is unclear: it could be interpreted in a supervisory sense or (considering the CCTV context) the actual live viewing of CCTV. Section 38(14) states that “operation,” in relation to CCTV includes the maintenance and monitoring of CCTV. This might therefore suggest that monitoring, when used in this section, means in an operational sense.  Issuance of guidelines under s38(11) may be ineffective in circumstances where the Commissioner could not have a meaningful role in overseeing a large number of communitybased schemes around the country. Secondly, once the scheme has been approved, any issues with the operation of the scheme should properly be raised with the Office of the Data Protection Commissioner (if the issue relates to data protection) or with the Department of Justice and Equality (if the issue relates to the funding etc of the scheme). 6  Questionable whether a set of guidelines issued by the Policing Authority would be effective in circumstances where there is already a Garda Policy and Code of Practice for the operation of Garda Síochána systems in existence, as well as a suite of documents, including a Code of Practice, in place for community-based schemes, which is based on a Statutory Instrument. As yet, there are no (b) type schemes in existence (ie persons under contract by the Garda Síochána), nor has the Garda Commissioner established criteria for this type of scheme. There is a risk, therefore, that if the Authority were to fail to issue guidelines under s38(11) and the Garda Commissioner did decide to authorise persons under contract, there would be a gap in the governance framework. It could also be suggested that private contractors may require greater oversight than members of the Garda Síochána or the community-based groups.  It is possible that s38(11) could be amended from the issuance of guidelines to the issuance of a Code of Practice, similar to those in place in various parts of the UK, to encourage best practice and collate the current documents. This may however be more appropriate for the Data Protection Commissioner.  Garda Commissioner has the power to revoke an authorisation given under s38(3)(c) under s38(8)(b). It is not clear how it is intended the Garda Commissioner do this where she does not have a supervisory role over community-based CCTV or indeed if we were to remove ourselves from the issuance of guidelines under s38(11), what effect, if any, this would have on her capacity to oversee the various schemes. Possible amendments/next steps: It is suggested that one approach could be to delete s38(11) entirely. There is an identifiable risk in deleting the section completely as to do so may create a gap in the oversight if a scheme were to be introduced under s38(3)(b). It is therefore suggested that the following could be added to s62H(2)(a)(v) as follows: (2) Without prejudice to the generality of subsection (1), the Authority shall – (a) keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions and, in particular, shall keep under review the adequacy of -… (v) the arrangements for the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons. It is possible that this may require amendment of the definition of “authorised persons” to include members of the Garda Síochána and possibly that a definition of “monitoring” may be required. 8. Possible Next Steps i. ii. iii. Determine whether it is desirable for the Authority to have any role in CCTV in public places Suggest a complete overhaul of section 38 in the context of the Review of the Act, possibly with a view to removing ourselves completely from the area Adopt a more learning role by raising CCTV in the context of JPCs by disseminating best practice methodology for example, the County Tipperary JPC Policy Paper on CCTV Provision in Public Places or for example by hosting speakers on the efficacy of CCTV and the importance of taking a broader approach when considering security in public places eg by looking at lighting, cutting back overgrown shrubbery, design of car parks etc 7 iv. Request that the Garda Inspectorate or an external researcher carry out a review of CCTV governance in Ireland as well as comparative research 8 Paper XX_XX Initial Review of Policing Authority Role in Garda Síochána CCTV Authority Action required The Authority is requested to consider the role of the Policing Authority in the oversight of Garda Síochána-authorised security in public places (ie CCTV) 1. Background Authorisation to install and operate CCTV in public places may be given by the Garda Commissioner to 3 different groups of persons, under s38(3): a) Members of the Garda Síochána b) Persons who meet the established criteria and who are retained under a contract by the Garda Commissioner c) Persons who meet the established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area (ie “community-based schemes”) The Executive has been advised by Sergeant Pat Conway in the Bureau of Community Engagement that there are currently no type (b) schemes in operation. 2. Current Governance 2.1 Documents The current governance documents in place for CCTV are as follows: a) Members of the GS b) Persons under contract by GS c) Community-based schemes Garda Policy and Code of Practice for Garda CCTV Systems in Public Places (HQ Directive 82/09) No documents Statutory Instrument 289/2006 Suite of documents in relation to applying for funding from the Department of Justice including Code of Practice, Technical Specifications and General Conditions (available at http://www.justice.ie/en/JELR/Pages/Community-BasedCCTV) The criteria included in these documents is based on SI 289/2006 There is an obligation on the Authority, under s38(11) to “issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons…” The Department of Justice and Equality, who were originally tasked with creating guidelines under s38(11), have advised us that they have not issued guidelines under the section as such. 1 2.2 Garda Committees 2.2.1 CCTV Advisory Committee The development and implementation of Garda policy on CCTV is overseen by an advisory committee appointed by the Garda Commissioner. The CCTV Advisory Committee is chaired by the Chief Superintendent, Community Relations. The remit of the CCTV Advisory Committee is to:       Examine applications for CCTV projects, place them in the appropriate categories and make recommendations relative to prioritisation Oversee research into existing CCTV projects in order to gather information to assist future policy formulation Ensure commonality of procedures and compatibility of technology where possible Advise the Garda Commissioner on future trends in CCTV technology and its uses as an aid to policing public places Revise as appropriate, the current code of practice in use in the Garda Síochána for the operation of CCTV systems Make recommendations on monitoring strategy 2.2.2 MRP CCTV Management Strategy Committee This committee’s purpose is to develop and implement a CCTV management system to ensure a consistent and effective approach to the storage, management and utilisation of CCTV footage. The business sponsor of this project is A/C Corcoran. We understand that the CCTV Modernisation and Renewal Programme Committee is focussing on 4 projects:     CCTV investigation process Centralised storage Live feeds Body worn cameras We are advised that the strategy document was approved at the June Programme Board. This has been requested through the GAR (Request 302 refers). 3. Current Operation of CCTV The current types of CCTV in operation in public places in the State are (i) the purely Garda Síochána systems and (ii) the community–based systems. Garda Síochána Basic Information Large urban areas, big towns eg Temple Bar, O’Connell Street, Limerick, Cork and seaports Used as an aid to the policing of town centre areas with emphasis on i) crime prevention/detection; ii) assisting mobile patrols in the area; and iii) assisting local Garda management Community-based schemes (applicants for funding) Basic Information More localised, small towns, residential areas i) Assistance in the maintenance of public order and safety; ii) assistance in the prevention, detection and investigation of offences; and iii) assistance in the prosecution of offenders 2 In carrying out their functions members shall act with all due respect for the personal rights for the personal rights of persons and their dignity as human beings Funding provided by Department – no funding available since 2009 Respect for the individuals’ liberty and privacy where no criminal offence has been or is being committed should be of primary consideration Funding provided by the Department (maximum grant awardable is €40,000: within this limit, grants of up to 60% of the total capital costs of the system may be awarded) or alternatively community groups can pay for the CCTV themselves Operators must be aware of the purposes for which the scheme was installed and may only use the cameras for those purposes Application for authorisation of the scheme Application for authorisation of the scheme Applications for CCTV are made through The Lead Group for each application must be an Divisional Officers and must be supported by existing, legally registered body information such as crime and disorder statistics in the area; the population and level of activity A letter from the local JPC approving the of the area and the recommendation of local proposal must accompany the application Garda management Proposal must have the prior support of the Application must include details of the proposed relevant Local Authority implementation process including a general indication of the size and type of system Proposal must have the authorisation of the required, together with the coverage and Garda Commissioner and evidence of that performance expected from the system authorisation must be included with the application Garda Telecommunications Planning Section, Garda HQ is responsible for the preparation of Proposal must comply with the Code of Practice the technical specification for the system and the Technical Specifications Applications include estimates of capital and Applicants must have the support of a wide current funding required for the installation, range of local groups/organisations working operation and maintenance of the system together in the community (eg JPC, Garda Siochana, local businesses etc) Applications for CCTV must be assessed by the CCTV Advisory Committee Applicants must demonstrate that the design of the proposed CCTV system is acceptable to local The Committee forwards their residents regarding the location of the recommendations to the A/C Strategy, Training equipment and that the equipment will be so and Professional Standards who makes deployed so as to avoid any undue intrusion or recommendations to the Deputy Commissioner invasion of privacy Strategy and Change Management on the provision or otherwise of the system Applicants must demonstrate the need for a CCTV system in their area Deputy Commissioner, Strategy and Change Management will inform the Commissioner of Applicants must demonstrate that they have the recommendations and if the Commissioner funds in place to meet their portion of the is in agreement, she will direct the Deputy funding required for the system Commissioner to request the provision of funding from the Department Applicants must demonstrate that they have the capacity or potential to develop, implement 3 When funds are sanctioned, the operate and maintain the system for at least a 5Telecommunications Planning Section will draw year period up a specification in conjunction with local Garda officers for the provision of the system An “Assessment of Need by Local Divisional Officer of An Garda Síochána” Form must be completed and included with the application form Supervision and Control Under control of Gardaí Overall management of a scheme, the requirement to comply with the Code of Practice and the day to day management of the scheme is the responsibility of the local Divisional Officer Data Controller is Superintendent The services and expertise of the Garda CCTV Advisory Committee is available to the Department in appraising the applications Supervision and Control Unclear who has ultimate control although for the purpose of the Code of Practice the operator, who is the community-based group, must ensure the proper and responsible operation of the CCTV system The operator must ensure the proper and responsible operation of the CCTV system under their control and ensure that all persons operating or monitoring the system are appropriately trained in the system’s use by the system installer or other qualified persons. Data Controller is Local Authority. A person must be designated by the Data Controller to have responsibility for ensuring the proper, efficient and orderly day to day operation of the system. Garda vetting must be carried out in respect of the proposed data controller and others who have access to the system Operator must ensure that all uses of the system are appropriate and in the interests of the community Monitoring and Recording Usually not monitored Supervisors are mandated to ensure that all uses of the system are appropriate and authorised in the public interest Monitoring and Recording Monitored on Garda premises, usually full time with the intention of detecting incidents and preserving public peace Recorded whether monitored or not Usually recorded only. Operators should assess whether it is necessary to carry out constant real time recording, or whether the activity which is causing concern occurs at specific times Monitoring and control of screen displays is It is the responsibility of the Data Controller to carried out by suitably trained personnel. ensure that all operators are trained in their Training shall be conducted on site and an responsibilities under the Code of Practice and existing operating centre. Comprehensive in particular they should be aware of: the theoretical instruction shall also be given operator’s security policy (eg procedures for outlining the legislative constraints on the use of access to recorded CCTV images) and the CCTV systems. This will be carried out at local operator’s disclosure policy CPD training centres. All staff working in the CCTV monitoring area must enter details of the time and date of 4 commencement and completion of their duty in the CCTV incident log book Only persons authorised by the member in charge of the station where monitoring takes places is permitted access to the CCTV monitoring area Access to material Only CCTV monitoring staff will have direct access to the videotapes in general use. The time of commencement of recording of each videotape within the monitoring area video cassette recorders and subsequent withdrawal from the recording machine will be respective operator to the official documentation The review facility at each location is only to be used by Garda members authorised by the Local District Officer to make use of that facility for the purpose of reviewing a videotape. A member making use of the review facility must complete an entry in an official document which must include the Superintendent’s authority. Videotapes must remain in lockfast facilities within the CCTV monitoring area at all times except when they are taken to court as evidence; when being reviewed in the review facility; when being taken to the Technical Support Unit for enhancement; or when they are removed from the storage facility. The member in charge will count the videotapes held every morning and complete the relevant entry in official documentation A sufficient number of videotapes will be maintained to allow for each video tape to be used in any 31-day period Only members authorised in writing by the District Officer will be permitted to make copies of, or transfer images from the CCTV system to any external media. Save where otherwise provided, copies of incidents captured on video material will be made available by the District Officer only, for example, on commencement of criminal proceedings, following instructions from the DPP or where the repeated playing of the material is required (eg to show to a witness) Only persons authorised by the operator (ie the community-based group) operating the system can be permitted access to the control area where the monitoring takes place. Access to material All access to media storage devices (ie CDs, DVDs, cassette tapes) onto which images are recorded should be documented by the Data Controller or a manager or a designated member of staff acting on the Data Controller’s behalf Only persons authorised by the Data Controller can be allowed access to the media storage devices used in the CCTV system. Access to the recorded CCTV images should be restricted by the Data Controller to a designated person or persons who have been Garda vetted. Other persons should not be allowed to have access to the area when a viewing is taking place All removable/portable media storage devices must be stored in secure facilities to which access is restricted within the CCTV control area except when they are requested by the Garda authorities and such a request is authorised by a member not below the rank of Superintendent or they are requested through the judicial process Portable/removable media storage devices should be counted daily and a record kept by the Data Controller or designated person acting on the Data Controller’s behalf CCTV images should be erased and media storage devices re-used after a period of 28 days unless required for the investigation of offences or evidential purposes. Media storage devices which cannot be erased (eg single use CD/DVDs) should be destroyed after a period of 28 days unless required for the investigation or evidential purposes Copies of media storage devices are not to be made by the operator. If copies are to be made they can be made by the Data Controller in limited circumstances 5 Recordings are for investigative purposes only and are not to be released to outside bodies or individuals for private or civil use except where such has been ordered through the normal judicial process. Disclosure of the recorded CCTV images to third parties should only be made by the Data Controller in limited circumstances including following a formal request from a member of the Garda Síochána not below the rank of Superintendent for disclosure of images on the grounds that images are likely to be of use for the investigation of a crime or a requirement under any enactment, rule of law or court order to disclose the images. Review of the System Review of the System Maintenance log should be kept by the Data Controller The Superintendent in charge of the district will Operator must maintain an appropriate record maintain an appropriate record of the system’s of the system’s effectiveness and an internal effectiveness annual assessment must be undertaken which evaluates the effectiveness of the system Manager or designated member of staff should undertake regular reviews (at least annually of the documented procedures to ensure the provisions of the Code are being complied with: a report on each review should be provided to the Data Controller The results of the report should be assessed against the stated purpose of the scheme: if the scheme is not achieving its purpose, it should be reviewed or modified where necessary Every year for the 5-year period, the Lead Group must furnish the Department of Justice and Equality with written confirmation that the CCTV system is still in operation and that all necessary maintenance, repair and replacement costs have been covered by the group The Staff of the Department of Justice may undertake site visits throughout the 5-year period The community-based group must agree to have the project monitored by the Garda Síochána and to allow access to its premises and records as necessary Note: certain suggestions were raised by the Data Protection Commission in relation to the operation of Garda CCTV systems in their Audit in 2014. They were advised that the Garda CCTV Policy was in the process of being reviewed. Our understanding is that the policy has not been reviewed since 2009. 4. Challenges Arising The Garda Síochána state that CCTV is as a valuable tool in assisting in the reduction of crime and the fear of crime, the detection of offenders where crime is committed, whilst affording a deterrent effect. Other legitimate uses of CCTV include traffic management, tracing missing persons, outbreaks of fire, protest marches, VIP visits, monitoring cash movements and drug enforcement. The Garda Síochána acknowledge that CCTV will not solve all policing problems and is merely part of an overall strategy in 6 the fight against crime. It can also be effective against some crimes but ineffective against others. The Garda Síochána see some of the benefits of CCTV to the Garda Síochána to be:     More effective management of resources Detection and clarity of events as they occur and their sequence The capture of video evidence of events Video evidence that may lead to guilty pleas and consequent reduction in court costs The Garda Síochána state that CCTV systems are suitable in a wide variety of locations in urban settings such as:     Shopping areas Areas with high crime rates In the vicinity of high risk premises Any area that attracts large crowds The Garda Síochána note that CCTV tends to displace crime when used in residential areas. They note that serious consideration should be given by the Garda management to the effectiveness of CCTV prior to recommending its use in this type of environment. CCTV systems incur on-going costs in terms of maintenance, repair and possible updating. Often community groups underestimate the cost required for the upkeep of the system and the systems are then ultimately wound up. Unexpected costs can arise in terms of, for example, continuous cutting back of shrubbery around the cameras. One would imagine that there are issues around the safety of the equipment: the Code of Practice for Community Based CCTV systems states that the security of the camera should be taken into consideration when locating cameras and cameras should be protected from vandalism. There may be issues around the amount of information the public really have access to in terms of the extent of CCTV systems around the country: there does not seem to be any public-available information on the amount of these schemes. We have requested the number of community-based CCTV schemes through the GAR (Request 288 refers). 5. Possible governance issues 5.1 Data control and privacy issues The mass recording of people’s image and activity raises issues around the right to privacy. Concern could be raised around who has access to the recordings, both in terms of the live monitoring and recordings. There are concerns about the potential use of the images. There is also concern about the positioning of the cameras in that it could be subject to abuse whereby cameras are used to monitor people in private property or in private premises. These issues raise the issue of appropriate and meaningful supervision. The Executive did not find any cases raised with the Office of the Data Protection Commissioner in this regard. 5.2 Technical and logistical issues The Garda Policy for Closed Circuit Television (CCTV) in Public Places states that the Department of Justice would provide capital and current expenditure for these systems, and that partnership agreements might be considered. Community-based schemes were originally funded by Pobal and are now funded by the Department of Justice. There is, of course, also the possibility that a communitybased group could fund a CCTV system entirely themselves. 7 We are advised that the current system of Garda cameras is outdated. The current funding scheme for community-based groups does not grant funding for upgrading or replacing existing schemes although consideration may be given to extending such schemes. Every year for the 5-year period, the Lead Group must furnish the Department of Justice and Equality with written confirmation that the CCTV system is still in operation and that all necessary maintenance, repair and replacement costs have been covered by the group. It was noted in the County Tipperary JPC Policy Paper that insuring cameras and related CCTV equipment is required in order to provide safeguards around the use of public funds in meeting the capital cost of providing the systems. However, it was noted that cameras forming part of a public system may be installed on private property and this may raise difficulties for public bodies to include them on their insurance policies. Issues arise as to who should bear the cost of this insurance. 5.3 Lack of a streamlined single network It is questionable whether the piece-meal system of Garda operated and community-operated CCTV is the most efficient system of operating CCTV. It could be suggested that this leads to variations in both the quality of the equipment and the resulting images but also creates greater opportunity for abuse. It was reported in 2015 that the Scottish Police have called for a single police-run centralised CCTV network to replace the local, decentralised system. This is according to a confidential 2013 Police Scotland review. Police Scotland confirmed it was in “ongoing dialogue” with Scottish ministers, councils and CCTV partnerships to pursue its plan for an upgraded national network. The Scottish government responded that they would encourage the police to co-fund the systems with local councils. 5.4 Lack of localised community policy documents The County Tipperary Joint Policing Committee Policy Paper on CCTV Provision in Public Places document was raised at the recent JPC Consultation event as an example of best practice in terms of policy on community-based CCTV at the country level. The representative from Tipperary JPC advised that the initiative began with the Garda Síochána’s CCTV statistics. They wanted to clarify the position on the rights to CCTV and to manage expectations. They sought evidence around the effectiveness of CCTV. They conducted some safety audits to see, for example, if lighting would alleviate the issues that were being encountered. They advised that all of the CCTV in Tipperary fed back to the Garda stations and that the focus was on detection as opposed to prosecution. It was noted that ongoing maintenance and upgrading is expensive and it was thought that communities may have to contribute. It was noted that CCTV would not work in isolation and needed to operate in conjunction with other measures. 6. Research and Consultation carried out Members of the Legal, Policy and Research team have met with Sergeant Pat Conway, Community Engagement Bureau to discuss CCTV. Mr George Trimble, Policing Division, Department of Justice was also consulted. Members of the Executive intend to meet with Mr Paul Reid, Chief Executive and Mr David Storey, Director of Operations of Fingal County Council on 18 September. The strategy document approved by the June Programme Board for the CCTV Management Strategy as well as the number of community-based schemes the Gardaí have authorised around the country are still outstanding on the GAR. 8 Members of the Executive have carried out comparative research but were not able to find a comparable system, although there are CCTV codes of practice in other jurisdictions. There is a difficulty in determining what relationship the police have with CCTV in public places, in comparison to local authorities/councils. There does not seem to be a similar set of circumstances in England and Wales, Scotland or Northern Ireland: ie there are no guidelines in relation to the operation of CCTV in public places issued by the police or an oversight body. 7. The Authority’s role under section 38 and possible amendments 7.1 Section 38(5) The Authority is tasked with establishing criteria for the purposes of s38(3)(c), namely communitybased schemes and may establish different criteria for different classes of applicants for authorisation. The current criteria for these schemes are set out in SI 289/2006. The Explanatory Note accompanying the SI states that the Minister for Justice, Equality and Law Reform consulted with the Garda Commissioner as to what the appropriate criteria should be. Issues arising:     It could be submitted that establishing these criteria is more appropriately a matter for central government, particularly as it may relate to the allocation of state funds. The criteria are already set down in SI289/2006 and reiterated in the suite of documents produced by the Department of Justice in relation to the allocation of funding. That being said, the SI is over 10 years old and it is possible that our obligation could be easily discharged by consulting with the Garda Commissioner in this regard. It is not clear how a Statutory Instrument is initiated/amended. Possible amendments/next steps:   Consult with the Garda Commissioner as to whether an update to the present criteria is desirable. Investigate how a Statutory Instrument would be amended. 7.2 Section 38(11) The Authority’s second obligation under section 38 is to issue guidelines under s38(11), to the Commissioner, concerning his/her supervision of the monitoring of CCTV by authorised persons ie parties contracted on behalf of the Garda Síochána to operate CCTV; and community-based schemes. In accordance with s38(11)(a) of the Garda Síochána Act 2005, the Authority, with the consent of the Minister for Justice and Equality, shall “issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons…” Authorised persons, for the purpose of the section, are persons who operate CCTV under contract for the Garda Síochána and community-based schemes. Issues arising:  The Authority is not tasked with issuing guidelines to the Commissioner in relation to her supervision of strictly Garda Síochána schemes due to the definition of “authorised persons” for the purpose of the section. Our supervisory role is therefore considerably limited by the wording of the section. 9      “Authorised persons” refers to applicants for authorisation which for the purpose of s38(3)(c) is the community-based group. The Data Controller must be the Local Authority as a condition of the receipt of funding. An official or designated person must be nominated by the Data Controller to have responsibility for ensuring the proper, efficient and orderly day to day operation of the CCTV system. For the purpose of the Code of Practice, “…the community based group is deemed to be the operator, and the Code states that the operator will at all times ensure the proper and responsible operation of the CCTV system under their control and ensure that all persons operating or monitoring the system are appropriately trained in the system’s use…” Therefore it is not clear who the guidelines under s38(11) would target. The meaning of “monitoring” under the section is unclear: it could be interpreted in a supervisory sense or (considering the CCTV context) the actual live viewing of CCTV. Section 38(14) states that “operation,” in relation to CCTV includes the maintenance and monitoring of CCTV. This might therefore suggest that monitoring, when used in this section, means in an operational as opposed to a supervisory sense. The issuance of guidelines under s38(11) may be unrealistic in circumstances where the Commissioner could not have a meaningful role in overseeing a large number of communitybased schemes around the country. Secondly, once the scheme has been approved, any issues with the operation of the scheme should properly be raised with the Office of the Data Protection Commissioner (if the issue relates to data protection) or with the Department of Justice and Equality (if the issue relates to the funding etc of the scheme). It is therefore questionable whether it is desirable for us to position ourselves in that space. It is questionable whether a set of guidelines issued by the Policing Authority would be effective in circumstances where there is already a Garda Policy and Code of Practice for the operation of Garda Síochána systems in existence, as well as a suite of documents, including a Code of Practice, in place for community-based schemes, which is based on a Statutory Instrument. As yet, there are no (b) type schemes in existence (ie persons under contract by the Garda Síochána), nor has the Garda Commissioner established criteria for this type of scheme. There is a risk, therefore, that if the Authority were to fail to issue guidelines under s38(11) and the Garda Commissioner did decide to authorise persons under contract, there would be a gap in the governance framework. The Garda Commissioner has the power to revoke an authorisation given under s38(3)(c) under s38(8)(b). It is not clear how it is intended the Garda Commissioner do this where she does not have a supervisory role over community-based CCTV or indeed if we were to remove ourselves from the issuance of guidelines under s38(11), what effect, if any, this would have on her capacity to oversee the various schemes. Possible amendments/next steps: It is suggested that one approach could be to delete s38(11) as any issues which arise in terms of data protection should more appropriately be addressed by the Office of the Data Protection Commissioner. There is an identifiable risk in deleting the section completely as to do so may create a gap in the oversight as, should a scheme be introduced under s38(3)(b) there would not be any supervisory guidelines in place. It could also be suggested that private contractors may require greater oversight than members of the Garda Síochána or the community-based groups. It is therefore suggested that the following could be added to s62H(2)(a)(v) as follows: (2) Without prejudice to the generality of subsection (1), the Authority shall – (a) keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions and, in particular, shall keep under review the adequacy of -… 10 (v) the arrangements for the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons. It is possible that this may require amendment of the definition of “authorised persons” to include members of the Garda Síochána and possibly that a definition of “monitoring” may be required. 8. Next Steps i. ii. iii. iv. Determine whether it is desirable for the Authority to have a role in the security of public places generally Suggest a complete overhaul of section 38 in the context of the Review of the Act, possibly with a view to removing ourselves completely from the area of CCTV entirely Adopt a more learning role by raising CCTV in the context of JPCs by disseminating best practice methodology for example, the County Tipperary JPC Policy Paper on CCTV Provision in Public Places or for example by hosting speakers on the efficacy of CCTV and the importance of taking a holistic approach to considering security in public places eg by looking at lighting, design of car parks etc Request that the Garda Inspectorate or an external researcher carry out a review of CCTV governance in Ireland as it relates to security in public places 11 Appendix 1: Relevant Documents: 1. Garda Síochána Act 2005 2. Statutory Instrument 289/2006 – Garda Síochána (CCTV) Order 2006 3. Garda Policy and Code of Practice for Garda CCTV Systems in Public Places – HQ Directive 82/2009 4. Department of Justice and Equality and An Garda Síochána suite of documents in relation to the available at http://justice.ie/en/JELR/Pages/Community-Based-CCTV 5. Data Protection Commissioner, An Garda Síochána: Final Report of Audit, Issued May 2014, available at http://www.garda.ie/Documents/User/An%20Garda%20S%C3%ADoch%C3%A1na%20ODPC %20Report%20Final.pdf 6. County Tipperary Joint Policing Committee: A Policy Paper on CCTV Provision in Public Places (February 2017) 7. GAR Requests: 113, 238, 288, 302 8. Garda CCTV systems and Camera Numbers Nationwide available at http://garda.ie/Documents/User/Garda%20CCTV%20Systems%20and%20Camera%20Numb ers%20Nationwide.pdf 9. Notes of meeting with Sergeant Pat Conway, Bureau of Community Engagement 12 Rebecca Moynihan 8 September 2017 CCTV: Comparative Research1 1 England and Wales: 1.1 Introduction The first large scale public space town centre CCTV scheme was installed in Bournemouth in 1985.2 It is estimated that there are between 4 and 6 million CCTV cameras in the UK, although it is not clear how many or these are police or local authority-owned.3 Between 1994 and 1999, £38.5m of government funding was made available for some 585 schemes in the UK under the CCTV Challenge Competition and between 1999 and 2003, a total of £170m was made available to local authorities, following a bidding process for public space CCTV schemes, as a result of which 680 schemes were installed in town centres and other public spaces.4 The Surveillance Camera Commissioner notes that Local Authority CCTV systems can play a proactive role in identifying where crimes may be taking place and directing a police response however Local Authority funding has been in decline for some time.5 1.2 Legislation All operators of CCTV are subject to the Data Protection Act 1998 and the Human Rights Act 1998. Other relevant legislation to England and Wales includes6:  Crime and Disorder Act 1998  Freedom of Information Act 2000 (FoIA)  Regulation of Investigatory Powers Act 2000  Private Security Act 20017  Investigatory Powers Act 2016 1 This research was conducted with a view to presenting a paper at the September 2017 Authority meeting in relation to the Authority’s role in CCTV in public places under s38 of the Garda Síochána Act 2005. 2 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at Annex B: Expansion and Regulation of Surveillance Cameras in the UK 3 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 23. This is based on estimates from the British Security Industry Association (see http://www.bsia.co.uk/Portals/4/Publications/195-cctv-stats-preview-copy.pdf) 4 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at Annex B: Expansion and Regulation of Surveillance Cameras in the UK 5 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 28 6 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 6 7 This act creates statutory licensing requirements. Under these requirements, the Security Industry Authority is charged with licensing individuals working in specific sectors of the private security industry. A public space surveillance (CCTV) licence is required when operatives are supplied under a contract for services. It is a criminal offence for staff to carry out licensable activities without an SIA licence (Home Office Surveillance Code of Practice June 2013 at para 4.5.6) 1 Rebecca Moynihan 8 September 2017 1.2.1 Crime and Disorder Act 1998 The Crime and Disorder Act 1998 gave local authorities in England and Wales the responsibility to formulate and implement a strategy to reduce crime and disorder in their area8: according to the Surveillance Camera Commissioner, a key part of many of these strategies has been the installation and/or upgrading of CCTV systems.9 In doing so, the local authorities must have regard to the police and crime objectives set out in the police and crime plan for the police area in which the local authority is situated.10 The responsible authorities for a local government area are obliged to submit a report on matters connected with these functions when required by the relevant local policing body for that area.11 The relevant local policing body12 in relation to a local government area may require a report only if— (a)the body is not satisfied that the responsible authorities for the area are carrying out their functions under section 6 in an effective and efficient manner, and (b)the body considers it reasonable and proportionate in all the circumstances to require a report. 13 It is not clear how often this is used in practice but it would seem to give the police some power to supervise CCTV, at least in theory. 1.2.2 Protection of Freedoms Act 2012 Section 29(1) of the Protection of Freedoms Act 2012 provides that the Secretary of State must prepare a code of practice containing guidance for surveillance camera systems. According to s29(2), the Code must contain guidance for the development and use of surveillance camera systems and/or the use of processing of images or other information obtained by virtue of such systems.14 The Code may include provision about consideration as to whether to use surveillance camera systems, types of systems or apparatus, the publication of information about systems or apparatus, standards applicable to persons using or maintaining systems or apparatus, standards applicable to persons using or processing information obtained by virtue of systems, and access to, or disclosure of, information so obtained.15 In this chapter, “surveillance camera systems” mean CCTV or automatic 8 Section 6(1) Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at Annex B: Expansion and Regulation of Surveillance Cameras in the UK 10 Section 6(1A) 11 Section 7(1) 12 A “relevant local policing body” is as follows: (a)if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner,(b)if the area (or any part of it) falls within the metropolitan police district, the Mayor's Office for Policing and Crime, and (c)if the area (or any part of it) is the City of London, the Secretary of State (see s7(4) of the Crime and Disorder Act 1998) 13 Section 7(1A) 14 See s29(2)(a) and (b) 15 Section 29(3) 9 2 Rebecca Moynihan 8 September 2017 number plate recognition systems.16 The Secretary of State must make the order and issue the code if the order is approved by a resolution of each House of Parliament.17 The effect of the Code is that a “relevant authority” must have regard to the surveillance camera code when exercising any functions to which the code relates.18 A failure to act in accordance with any provision of the surveillance camera code does not of itself make that person liable to civil or criminal proceedings.19 A “relevant authority” is a local authority within the meaning of the Local Government Act 197220, the Greater London Authority21, a police and crime commissioner22, the Mayor’s Office for Policing and Crime23, any chief officer of a police force in England and Wales24 or any other person specified by the Secretary of State.25 1.2.3 Home Office Surveillance Camera Code of Practice June 201326 The Home Office Surveillance Code of Practice June 2013 is said to have drawn together all relevant legislation governing the use of surveillance cameras into one place.27 The Code relates to “relevant authorities” in England and Wales.28 For the purposes of the Code, “system operators” are persons that take a decision to deploy a surveillance camera system, and/or are responsible for defining its purpose, and/or are responsible for the control of the use or processing of images or other information obtained by virtue of such system. “System users” persons who may be employed or contracted by the system operator who have access to live or recorded images or other information obtained by virtue of such system.29 16 Section 29(6)(a) Section 30(2) 18 Section 33(1) 19 Section 33(2) 20 Section 33(5)(a). Section 111(1) of the Local Government Act 1972 states that: “Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.” There does not seem to be anything in the Local Government Act 1972 that specifically refers to the capacity of Local Authorities to install or operate CCTV. 21 Section 33(5)(b) 22 Section 33(5)(g) 23 Section 33(5)(h) 24 Section 33(5)(j) 25 Section 33(5)(k) 26 Available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/282774/SurveillanceCamera CodePractice.pdf 27 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 18 28 Home Office Surveillance Camera Code of Practice June 2013 at para 1.2 29 Home Office Surveillance Camera Code of Practice June 2013 at para 1.1 17 3 Rebecca Moynihan 8 September 2017 The Code was developed to address concerns over the potential for abuse or misuse of surveillance by the state in public places, with the activities of local authorities and the police the initial focus of regulation.30 Covert surveillance by public authorities is not covered by the Code.31 The duty to have regard to the Code also applies when a relevant authority uses a third party to discharge relevant functions covered by the Code and where it enters into partnership agreements.32 Twelve guiding principles are included in the Code which system operators should adopt:33 1. Use of a surveillance camera system must always be for a specified purpose which is in pursuit of a legitimate aim and necessary to meet an identified pressing need. 2. The use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified. 3. There must be as much transparency in the use of a surveillance camera system as possible, including a published contact point for access to information and complaints. 4. There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used. 5. Clear rules, policies and procedures must be in place before a surveillance camera system is used, and these must be communicated to all who need to comply with them. 6. No more images and information should be stored than that which is strictly required for the stated purpose of a surveillance camera system, and such images and information should be deleted once their purposes have been discharged. 7. Access to retained images and information should be restricted and there must be clearly defined rules on who can gain access and for what purpose such access is granted; the disclosure of images and information should only take place when it is necessary for such a purpose or for law enforcement purposes. 8. Surveillance camera system operators should consider any approved operational, technical and competency standards relevant to a system and its purpose and work to meet and maintain those standards. 30 Home Office Surveillance Camera Code of Practice June 2013 at para 1.8 Home Office Surveillance Camera Code of Practice June 2013 at para 1.10 32 Home Office Surveillance Camera Code of Practice June 2013 at para 1.11. This would seem to cover s38(3)(b) type situations where the Commissioner would contract out the operation of CCTV on behalf of the Garda Síochána to third parties. 33 Home Office Surveillance Camera Code of Practice June 2013 at para 2.6 31 4 Rebecca Moynihan 8 September 2017 9. Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use. 10. There should be effective review and audit mechanisms to ensure legal requirements, policies and standards are complied with in practice, and regular reports should be published. 11. When the use of a surveillance camera system is in pursuit of a legitimate aim, and there is a pressing need for its use, it should then be used in the most effective way to support public safety and law enforcement with the aim of processing images and information of evidential value. 12. Any information used to support a surveillance camera system which compares against a reference database for matching purposes should be accurate and kept up to date. These principles are developed in the Code but are still quite broad and appear to encourage best practice as opposed to setting strict guidelines, for example: “…good practice includes considering the publication of information on the procedures and safeguards in place, impact assessments undertaken, performance statistics and other management information and any reviews or audits undertaken.”34 The Code also advises, for example, that where a complaint or other information comes to the attention of a relevant authority or other system operator that indicates criminal offences may have been committed in relation to a surveillance camera system, then these matters should be referred to the appropriate body such as the police or the Information Commissioner for any offences under the Data Protection Act 1998.35 The Code does not go into specific instructions in terms of the supervision of people with access, or who has access to the system: for example the Code merely states that: “Persons considering the need to develop a surveillance camera system should give due consideration to the establishment of proper governance arrangements…It is good practice to have a designated individual responsible for the development and operation of a surveillance camera system, for ensuring there is appropriate consultation and transparency over its purpose, deployment and for reviewing how effectively it meets it purpose.”36 1.3 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 201737 The Secretary of State must appoint a Surveillance Camera Commissioner in accordance with section 34(1) of the Protection of Freedoms Act 2012. The Commissioner’s function is to encourage compliance with the Surveillance Camera Code of Practice, review the operation of the Code and provide advice about the Code (including changes to it or breaches to it).38 34 Home Office Surveillance Camera Code of Practice June 2013 at para 3.3.5 Home Office Surveillance Camera Code of Practice June 2013 at para 3.3.9 36 Home Office Surveillance Camera Code of Practice June 2013 at para 3.4.1 37 Available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/608818/NSCS_Strategy_pos t_consultation.pdf 38 Section 34(2) of the Protection of Freedoms Act 2012 35 5 Rebecca Moynihan 8 September 2017 The Commissioner’s role is to ensure surveillance camera systems in public places keep people safe and protect them. The Commissioner’s remit applies to England and Wales.39 Although the Surveillance Camera Code of Practice was created to bring coherence to the existing legislation and regulation, the Surveillance Commissioner noted that there still remains numerous codes of practice in circulation and that there remained scope for regulatory confusion.40 The Surveillance Camera Commissioner’s Strategy establishes a set of delivery plans for 2017 – 2020, linked to each area of expertise. The Strategy looks at links across these areas in an attempt to help them work together in one coherent strategy.41 The Surveillance Camera Commissioner notes that the evidence base for the effectiveness of surveillance cameras, the outcomes they can deliver and the costs and benefits need further development and intend to stimulate data gathering and research in the area.42 The Strategy includes high-level objectives including that both the police and local authorities proactively share relevant information about their own operation of surveillance camera systems and use of data, although it does not specify with each other.43 The Strategy also aims to create enablers and incentives to encourage the voluntary adoption of the Surveillance Camera Code.44 1.4 Other Governance45    2 The National CCTV Strategy 2007 was aimed at ensuring the effective development of the public space CCTV infrastructure. A list of recommended British, European and international standards for CCTV operators, installers, maintainers, manufacturers and CCTV monitoring companies was made available on the Surveillance Camera Commissioner’s website in 2015. The Surveillance Camera Commissioner also launched a third party certification scheme in 2015 whereby organisations can apply to be assessed for compliance with the Surveillance Camera Code of Practice. Northern Ireland: 2.1 Introduction 39 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 3 40 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 39 41 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 40 42 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 41 43 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 48 44 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at para 48 45 Surveillance Camera Commissioner: A National Surveillance Camera Strategy for England and Wales March 2017 at Annex B: Expansion and Regulation of Surveillance Cameras in the UK 6 Rebecca Moynihan 8 September 2017 Northern Ireland Direct offers general information and advice about how CCTV is used in the community46 but otherwise there is very little information available about the use of CCTV in Northern Ireland. Some basic information is provided by Belfast City Council on their operation of mobile CCTV cameras. They advise that they use mobile CCTV cameras at certain times of year, and in some parks and public spaces where there is a risk of anti-social behaviour. The system is digitally recorded. Images are kept for 31 days in accordance with the Data Protection Act, unless required by the PSNI or other law enforcement agencies, and then erased. CCTV operators inform the PSNI of an incident directly. Operators pass on incident details when they see something happening and the PSNI control room talks to CCTV operators if they receive information, for example from members of the public who have seen or are witnessing an incident. The images recorded may be monitored live or at specified times by CCTV operators. The CCTV operators have all received training. Only authorised personnel can view images under controlled conditions.47 2.2 Governance There is no mention of security in public places in the Police (Northern Ireland) Act 2000, which renames the RUC the PSNI.48 Northern Ireland is subject to the Data Protection Act 1998 and the Human Rights Act 1998. It is subject to the Information Commissioner’s Office Code of Practice but is not subject to the Surveillance Camera Code of Practice. There does not seem to be statutory obligation on the Northern Ireland Policing Board to involve themselves in CCTV in any way. The Information Commissioner’s Office issued a CCTV Code of Practice in 2000. This code was developed to explain the legal requirements operators of surveillance cameras were required to meet under the Data Protection Act and promote best practice. This was updated in 2008 and revised in 2014.49 The Code sets out the Information Commissioner’s recommendations on how the legal requirements of the DPA can be met. This code of practice has wider effect in that it applies to the entire UK and not just England and Wales. Similarly, while the Surveillance Camera Commissioner’s code is aimed at relevant authorities (namely the police, police and crime commissioners, and local authorities in England and Wales, as well as the National Crime Agency), the Information Commissioner’s Code must be followed by all organisations, including the private sector. The Code states that it is important that organisations establish who has responsibility for the control of the personal information gathered from surveillance systems, for example by deciding what is to be recorded, how the information is to be used and to whom it may be disclosed.50 Where more than one organisation is involved and both organisations make decisions about the purpose and operation of the scheme then both organisations are subject to the Data Protection Act 1998. The ICO notes that 46 https://www.nidirect.gov.uk/articles/how-cctv-is-used-in-the-community See http://www.belfastcity.gov.uk/community/communitysafety/cctv.aspx 48 See section 1 49 Available at https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf 50 Information Commissioner’s Office CCTV Code of Practice (In the picture code of practice for surveillance cameras and personal information) at para 5.1 47 7 Rebecca Moynihan 8 September 2017 this might be the case where the police have a “live feed” from a local authority owned camera.51 The Code gives recommendations and advice, similar to the Surveillance Camera Code of Conduct, for example that recorded material should be stored in a way that maintains the integrity of the information.52 The Code also includes the 12 guiding principles of the Surveillance Camera Code of Practice.53 3 Scotland: 3.1 Introduction A survey conducted in 2009 found that the majority of CCTV cameras and monitoring facilities in Scotland were owned and controlled by local authorities. They noted that the police tended to monitor, on behalf of local authorities, more cameras than they owned.54 They noted that most local authorities shared CCTV images, intelligence or statistics data with partners and funders but there was no consistently applied information sharing protocols governing the access or type of data available.55 The survey found that, where cameras were monitored from a central facility, just over one third of these facilities were used exclusively for this purpose, whilst the remainder shared space with other services.56 The survey found that most areas had 2-way communication between the monitoring facilities and the police.57 Approximately two-thirds of the cameras in public places were found to have the capacity to stream live images to the police for their observation.58 The survey found that the strategic direction and development of CCTV tended to be decided upon by local authorities, often with input from the police.59 The people and organisations that influence the positioning of cameras include the police, local authority community safety and anti-social behaviour teams, CCTV operatives, 51 Information Commissioner’s Office CCTV Code of Practice (In the picture code of practice for surveillance cameras and personal information) at para 5.1 52 Information Commissioner’s Office CCTV Code of Practice (In the picture code of practice for surveillance cameras and personal information) at para 5.2.1 53 Information Commissioner’s Office CCTV Code of Practice (In the picture code of practice for surveillance cameras and personal information) at Appendix 3 54 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf at para 1.2 55 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results f a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf at para 1.2 56 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results f a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf at para 1.4 57 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities, available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.5 58 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.5 59 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.7 8 Rebecca Moynihan 8 September 2017 local community representatives and councillors.60 The survey found that all respondents had registered with the information commissioner however discrepancies were found between the purposes to which CCTV systems were used and for which it was registered.61 The survey found that there were no national guidelines identifying the nature and qualities of incidents operators should record nor were there standardised procedures for the format in which incident logs were kept.62 The systems used to view and store the CCTV images varied widely. It was noted that data was stored for different lengths of time in different areas and in no case long enough to be available to criminal justice investigations where the footage was not identified for long-term storage within a month of recording.63 The survey found little consistency in the level or type of training given to CCTV operatives.64 Local authorities, Community Safety Partnerships and the police were identified as the main sources of revenue funding.65 The most popular types of public space monitored by CCTV were found to be city centres, town high streets, parks and other recreational open spaces, housing estates and residential areas, shopping centres and car parks. Other areas included educational establishments, hospital and GP surgeries, public buildings such as libraries and museums, business premises, public monuments, and thoroughfares such as roads, bridges and subway entrances.66 The survey recommended: 1) Given the prevalence of fixed-location cameras, a regular process of formal review of their location, to ensure that they remained in places of most need 2) Need for greater specification of uses to which CCTV was placed 60 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.8 61 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.10 62 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.11 63 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.12 64 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.14 65 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf Executive Summary at para 1.14 66 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf at para 1.14 9 Rebecca Moynihan 8 September 2017 3) Benefit may come from the CCTV community developing standardised protocols in relation to data sharing 4) Need to harmonise data recording practices to support the uses to which CCTV maybe addressed 5) Need for rapid progression towards uniform required standards of training for CCTV operators and supervisors in Scotland 6) Evaluation of the effectiveness of the CCTV’s application to the strategic purposes of CCTV as well as the development of common practice and data recording67 The CCTV network in Scotland appears to be badly organised, disjointed and in need of review. A recent confidential Police Scotland review68 recommended that the system be completely overhauled in favour of a single police-controlled national network. 3.2 Governance Scotland is subject to the Data Protection Act 1998, the Human Rights Act 1998 and the Information Commissioner’s Office’s Code of Practice, as described above.69 Scotland is not subject to the Surveillance Camera Code of Practice. There does not seem to be statutory obligation on the Scottish Policing Authority to involve themselves in CCTV in any way. There is a National Strategy for Public Space CCTV in Scotland (2011)70 which aimed to provide assistance and guidance to local partners, predominantly local authorities but also others - who own, operate or manage public space CCTV systems. The National Strategy does not seek to impose requirements but recognised that the current CCTV landscape was cluttered and therefore sought to provide advice, guidance and clarity to local partners as, and when, they made decisions on developing their CCTV systems.71 The Strategy notes that the main partners in the delivery of public space CCTV are local authorities.72 The Strategy recommends that all public space CCTV providers should consider carrying out a review of CCTV services.73 The Strategy seeks to encourage collaboration between police and CCTV providers so as to ensure that the added value of CCTV was being maximised for all partners.74 67 See Scottish Centre for Crime and Justice Research, Report 03/09, Public Space CCTV in Scotland: Results of a National Survey of Scotland’s Local Authorities available at http://www.sccjr.ac.uk/wpcontent/uploads/2012/11/CCTVtog.pdf at paras 8.1 - 8.6 68 See in particular https://www.theguardian.com/uk-news/2015/jul/22/police-scotland-pushes-centralisedcctv-network (July 2015) 69 Note the Regulation of Investigatory Powers (Scotland) Act 2000 also regulates covert and intrusive surveillance. 70 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 71 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 3.1 72 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 8.5 73 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 11.1 74 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 11.13 10 Rebecca Moynihan 8 September 2017 Chapter 2 of the Strategy outlines a Standards and Regulatory Framework for CCTV in Scotland. This chapter makes recommendations in relation to the maintenance of systems75, access to systems76 and data retention.77 The Strategy recommends that operators of public space CCTV systems should produce an annual report78 and that regular internal and peer reviews should be conducted.79 The Strategy states that procedures for the release of data to authorised personnel should be drawn up between local partners and agreed.80 The Strategy recommends that there should be local Codes of Practice supplemented by Operational Manuals.81 These should be based on the Code of Practice and the National CCTV Standards – it is not clear what documents these are but it is assumed they are referring to the standards set down in the National Strategy and the Information Commissioner’s Code of Practice. 4 Conclusion: There is a complex legal framework in place for the regulation of surveillance in public places in the UK.82 It is apparent that while there is a code of practice overseeing CCTV in public places in England and Wales that this is driven by the Surveillance Camera Commissioner and held in place by a complex framework: it is not the responsibility of the police or any form of police oversight body to supervise the operation of CCTV systems. That being said, the cameras in place seem to be owned by the local authorities. There is no statutory function for the police to authorise such CCTV systems and it is not clear how the police gain access to the systems. Equally, the Information Commissioner’s Code of Practice appears to set best practice for the operation in Scotland and Northern Ireland. In terms of s38(11) of the Garda Síochána Act 2005, therefore, it is possible that the obligation to issue “guidelines” could take the form of a code of practice but it is questionable whether this should be more appropriately a role of the Office of the Data Protection Commissioner. 75 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 18.15-18.17 76 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 19.6-19.7 77 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 22.3-22.5 78 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 19.3 79 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 19.4 80 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 22.4 81 A National Strategy for Public Space CCTV in Scotland available at http://www.gov.scot/Publications/2011/03/18085554/1 at para 17.1 82 See the Surveillance Road Map: A shared approach to the regulation of surveillance in the United Kingdom available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/546785/surveillance-roadmap_2016.pdf This document provides a good overview of the system of regulation. 11 Meeting between Fingal County Council representatives and Policing Authority Executive to discuss CCTV Fingal County Council Office, Swords, 18 September 2017 In attendance: Rebecca Moynihan; Sean Carpenter; David Storey, Director of Operations and Paul Reid, Chief Executive            There was a community CCTV scheme in operation in Corduff, the operation of which has now ceased. A local Community Centre was the Data Controller. An application has been submitted to upgrade the existing system which will now be under the control of the GS. One more camera will be added to the existing system. Fingal County Council will be providing the initial capital. Maintenance and the role of Data Controller will be assumed by the Garda Síochána going forward. The Council has been liaising with the local Gardaí in this regard and have not liaised with the CCTV Advisory Committee. The update is awaiting sign-off by the Garda Commissioner. Local Authority run into funding problems for proposed CCTV schemes. These concern both the initial setting-up costs and the on-going maintenance costs. There is no sense that that there will be any uptake of the new funding scheme although there have been high-level queries from local representatives at JPCs about the possibility of CCTV. Fingal County Council run a Traffic CCTV system in conjunction with Dublin City Council. - the GS have access to this system. Fingal County Council receive requests for CCTV though PPNs (Public Participation Networks) that are established to create engagement between local communities and the County Council. A lack of experienced staff in County Councils can lead to issues around operation of CCTV systems (i.e. lack of technical skills). In an example of a system in Dundalk, a consultant was hired to assist, thereby adding to cost. Also in Dundalk, it was explained that a consultation process took place with residents - it was agreed that only public places and laneways would be recorded. The system is still in operation. The experience was that access was only sought to access the system by AGS when there was a major incidence. There was a sense that it was ineffective, particularly as a deterrent to general anti-social behaviour. The system took up a locked office where office space was limited. There appears to be small pieces of GS schemes in operation in Blanchardstown. Fingal County Council do not have a CCTV policy document however it is something they are currently looking into. Fingal County Council have not had any interaction with the Bureau of Community Engagement. There is a possibility that the County Council may come under pressure to put CCTV on the main street in Swords and Malahide. There does not appear to be an appetite for businesses to contribute to the cost. Fingal PPN published information on the current Department of Justice funding scheme at www.fingalpppn.ie and circulated a target email to members in early May. The scheme was promoted at the May Plenary (applications/guidelines were printed and made available to interested members). The scheme was included in the May edition of the Fingal PPN electronic newsletter circulated to 550 members (FPPN membership includes Community Centres, residents and tenant associations and Local Community Development Groups.) The Fingal Community Development Officer Teams circulated the information to their contact lists, all the Fingal County Council supported community facilities, tenant and resident associations and community and voluntary organisations (some of which are not members of the FPPN)(according to an email provided by Mr David Storey). Meeting between Fingal County Council representatives and Policing Authority Executive to discuss CCTV Fingal County Council Office, Swords, 18 September 2017 In attendance: Rebecca Moynihan; Sean Carpenter; David Storey, Director of Operations and Paul Reid, Chief Executive            There was a community CCTV scheme in operation in Corduff, the operation of which has now ceased. A local Community Centre was the Data Controller. An application has been submitted to upgrade the existing system which will now be under the control of the GS. One more camera will be added to the existing system. Fingal County Council will be providing the initial capital. Maintenance and the role of Data Controller will be assumed by the Garda Síochána going forward. The Council has been liaising with the local Gardaí in this regard and have not liaised with the CCTV Advisory Committee. The update is awaiting sign-off by the Garda Commissioner. Local Authority run into funding problems for proposed CCTV schemes. These concern both the initial setting-up costs and the on-going maintenance costs. There is no sense that that there will be any uptake of the new funding scheme although there have been high-level queries from local representatives at JPCs about the possibility of CCTV. Fingal County Council run a Traffic CCTV system in conjunction with Dublin City Council. - the GS have access to this system. Fingal County Council receive requests for CCTV from Cllrs though area committee meetings A lack of experienced staff in County Councils can lead to issues around operation of CCTV systems (i.e. lack of technical skills). In an example of a system in Dundalk, a consultant was hired to assist, thereby adding to cost. Also in Dundalk, it was explained that a consultation process took place with residents - it was agreed that only public places and laneways would be recorded. The system is still in operation. The experience was that access was only sought to access the system by AGS when there was a major incidence. There was a sense that it was ineffective, particularly as a deterrent to general anti-social behaviour. The system took up a locked office where office space was limited. Fingal County Council do not have a CCTV policy document however it is something they are currently looking into. Fingal County Council have not had any interaction with the Bureau of Community Engagement. There is a possibility that the County Council may come under pressure to put CCTV on the main street in Swords and Malahide. There does not appear to be an appetite for businesses to contribute to the cost. Fingal PPN published information on the current Department of Justice funding scheme at www.fingalpppn.ie and circulated a target email to members in early May. The scheme was promoted at the May Plenary (applications/guidelines were printed and made available to interested members). The scheme was included in the May edition of the Fingal PPN electronic newsletter circulated to 550 members (FPPN membership includes Community Centres, residents and tenant associations and Local Community Development Groups.) The Fingal Community Development Officer Teams circulated the information to their contact lists, all the Fingal County Council supported community facilities, tenant and resident associations and community and voluntary organisations (some of which are not members of the FPPN)(according to an email provided by Mr David Storey). PPNs (Public Participation Networks) that are established to create engagement between local communities and the County Council.