The legislative provisions to allow for the General Data Protection Regulation (GDPR) compliant usage of CCTV for litter and waste enforcement purposes are contained in the Circular Economy and Miscellaneous Provisions Act 2022. The relevant sections of the Act were commenced on 15 February 2024 and it has been open to all local authorities since that date to put the required procedures in place to allow for the General Data Protection Regulation (GDPR) compliant use of CCTV to combat illegal dumping.
In order to address data protection concerns, the Act sets a number of conditions to be complied with prior to the use of CCTV by local authorities. In particular, local authorities are required to adhere to Codes of Practice which set standards for the operation of CCTV schemes. These Codes of Practice can be found on the gov.ie website.
In addition, in proposing to install CCTV schemes, local authorities are required to prepare a site management plan in respect of each scheme, setting out arrangements for monitoring, recording, preserving and disclosing the images produced. Data Protection Impact Assessments must also be carried out in accordance with section 84 of the Data Protection Act 2018. The CEO of the local authority is also required to sign off that they are satisfied that the scheme is proportionate to the enforcement needs identified at the site, meets relevant data protection requirements, and can only be accessed by persons of good character in direct employment with the local authority or, where relevant, An Garda Síochána.
It is an operational matter for each individual local authority to determine the most appropriate enforcement response to incidents of illegal dumping, including the use of CCTV. As such, the Department does not collate data on data processing agreements entered into by individual local authorities when installing CCTV schemes in their respective functional areas.