, 5 tweets, 2 min read Read on Twitter
In November 2018 the Data Protection Commission helpfully obliged the Government by saying that community CCTV has a legal basis (required by GDPR) in section 38 of the Garda Síochána Act (once authorised). That statement now, predictably, relied on.

"Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”
However, section 38(2) says:

"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 specified in subsection (1)."
"Shall" means it is mandatory. So, the Commissioner is obliged to specify areas which "based on the information available to him" warrant CCTV.

In Limerick, a submission for S38 authorisation of #SmartCCTV was based on crime, but the actual figures were down.
The Commissioner makes the decision on the information available. But what if additional or subsequent information shows a decrease in crime? Is a section 38 authorisation bulletproof and permanent? Is the legal basis?
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