Garda Commissioner Drew Harris has admitted that body-worn cameras are open to potential abuse by gardaí.
Mr Harris, in a warning to gardaí, said that they could face dismissal or potential criminal prosecution if it is found that they have shared or leaked footage of incidents captured on the cameras.
It comes as dozens of gardaí in Limerick are to start wearing body cameras that can record footage while showing on a display screen the footage that is being taken. It follows the successful rolling out of the cameras for officers in Dublin in May.
More than 100 officers at Limerick’s Henry Street Station have been trained to wear the cameras, with Garda management hopeful that the “Reveal” cameras may act as a deterrent for criminal offences.
Commissioner Harris said that while the body-worn camera system is “secure” and cannot be tampered with, it is the case that gardaí would be able to record the footage from a third-party screen, including a mobile phone, and share it with others.
“An investigating member obviously has to review the footage in terms of (preparing) a file, so if somebody really wants to act outside our rules and instructions and indeed our discipline code, then on their head be it,” he said.
“They would, in effect, have to be recording it from a screen during a playback session, and that in effect then would be regarded very seriously, a breach of privacy, and in certain circumstances, it would have to be regarded as a complete breach of trust, and, in effect, gross misconduct,” the Garda chief told reporters while speaking in Limerick on Thursday.
He added that such a breach would “be dealt with accordingly,” and that there may well also then be breaches of criminal law as well, which would be regarded as “a very serious matter.”
“While the system is being piloted to the tune of €3 million in Limerick and Dublin – and will soon be in Waterford, there have been no incidents of gardaí sharing or leaking footage,” he added.
While speaking at the launch of the Limerick roll out, the Garda Commissioner claimed that body-cam footage was going to be “essential” for probes into the Coolock riots. He said that 48 pieces of evidential footage had been captured, and that gardaí from Store Street station, who were deployed to the scene, had been equipped with the devices.
He said that the body cams had been used in “managing and policing the serious disorder,” adding that the evidence – which has been submitted to the investigation team – will be “essential in terms of identifying those who may have committed offences”.
According to a Garda statement, when activating body-cams, the Garda Member should make practicable efforts to inform members of the Public present at an incident that recording is occurring.
The Irish Council for Civil Liberties (ICCL) previously said that the piloting of bodyworn cameras by officers must ensure that “fundamental rights are protected.”
In September, the ICCL “cautiously welcomed” the announcement from An Garda Síochána that they will pilot the introduction of body worn cameras before moving to a national roll-out.
“Body Worn 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,’ the ICCL said.
“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 body worn 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.”
Further, the group said it was concerned about the proposed use of body worn cameras in domestic violence situations, due to the vulnerability of people involved.
It further expressed concerns about the use of facial recognition technology (FRT), saying it was “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.”