Bodyworn cameras pilot must ensure fundamental rights are protected – ICCL

12 September 2023

The Irish Council for Civil Liberties (ICCL) today cautiously welcomes the announcement from An Garda Síochána that they will pilot the introduction of bodyworn cameras before moving to a national roll-out.  

Speaking today, Liam Herrick, Executive Director, ICCL, said:  

“Bodyworn cameras are a new form of surveillance technology to be introduced in Ireland and they directly impact on people’s privacy rights and other key civil liberties such as freedom of assembly. We need to be very careful in how they are introduced and ensure that adequate safeguards are put in place to protect people’s fundamental rights. 

“If a surveillance technology infringes on fundamental rights, it has to be demonstrated that it meets the threshold of legality, necessity and proportionality, and that it is the least intrusive measure. Today’s announcement indicates a focused approach with cameras only being used in specific circumstances. This move away from blanket surveillance is to be welcomed. However, the detail of the use of bodyworn cameras and what safeguards will be put in place – including how and when Gardaí will use the cameras; how footage is stored and/or used; and how access to this footage will be managed – is yet to be finalised and will be key. 

“Much of what has been announced today reflects what ICCL has been calling for and to this end, we cautiously welcome the news that An Garda Síochána intends to pilot the use of bodyworn cameras before moving to a national roll-out. The pilots should assess whether the cameras deliver on their promised benefits, and the results should be reviewed and published before moving to any national roll-out. A national roll-out of this technology should not be a predetermined outcome of this process.” 

Garda use of bodyworn cameras will be governed by the An Garda Síochána (Recording Devices) Bill, which has not yet been finalised. Nor have the codes of conduct to accompany the legislation. The legislation will have to be precise and, based on the Garda statement today, changes may need to be made to the draft law. ICCL has made a number of submissions on the draft legislation and put forward suggested amendments, and will continue to engage with this process.  

One proposed use of bodyworn cameras is in domestic violence situations. ICCL is concerned about their use in these circumstances due to the vulnerability of people involved. We have previously urged that the legislation should be supported by a protocol saying that when a Garda uses a bodyworn camera while interacting with an apparent domestic violence victim, they would ask the person as soon as possible if they want the camera turned off, and thereafter respect the person’s wishes in relation to recording. 

In relation to facial recognition technology (FRT), ICCL is clear that there is no lawful basis for its use in law enforcement in Ireland. We note An Garda Síochána’s intention to subject some bodyworn camera footage to retrospective FRT and we reiterate our opposition to FRT and to any legislation being proposed over the coming year. Retrospective use of FRT has been shown to represent as major an interference with people’s fundamental rights as live FRT use. 

Ends 

Available for interview: 

  • Liam Herrick, Executive Director, ICCL 
  • Olga Cronin, Surveillance and Human Rights Senior Policy Officer, ICCL 

For media queries:  

Notes to Editors 

ICCL submissions on the An Garda Síochána (Recording Devices) Bill and bodyworn cameras: