Draft law on facial recognition technology approved

Moves to allow gardaí to use facial recognition technology (FRT) took a step forward after the Government approved the publication of the outline of the proposed law to introduce the technology.

Minister for Justice Helen McEntee TD announced the publication of the general scheme of the Garda Síochána (Recording Devices) (Amendment) Bill 2023 on Thursday, which will allow Gardaí use FRT in specific circumstances.

The intention is to save thousands of Garda hours by allowing the use of biometric identification to retrospectively search CCTV.

A Department of Justice statement said: “In light of the riots in Dublin City Centre on the 23rd November, Minister McEntee has secured Cabinet approval for the offences of riot and violent disorder to be now been included in the proposed scope of FRT.

“The maximum penalty for each of these offences is an unlimited fine, a prison sentence of up to 10 years, or both.”

The Oireachtas Committee on Justice will conduct pre-legislative scrutiny of the draft law which has sparked concerns among civil liberties campaigners.

The draft FRT Bill will amend the Garda Síochána (Recording Devices) Act 2023 in order to give effect to a Government decision to provide that biometric identification may be used by Gardaí.

Under the Data Protection Act 2018, it is not possible for An Garda Síochána to process biometric data without a clear statutory basis.

The powers to use biometric identification using facial images needs to be explicitly provided for and is set out in this General Scheme.

Minister McEntee said: “There has been an explosion in the use of digital data in criminal investigations, and that without adequate data analysis tools, the length of criminal investigations will increase.

“We are already seeing Gardaí having to trawl through thousands of hours of CCTV – 12,000 hours in the case of the Dublin riots. Facial Recognition Technology will dramatically save time, speed up investigations and free up Garda resources for the high visibility policing we all want to see.

“Reducing the amount of time it takes Gardaí to go through video footage will be of particular help where time is of the essence following a very serious crime being committed. It is in the interests of all parties, not least victims of crime, to have criminal investigations pursued as effectively and rapidly as possible.”

The draft Bill will provide for retrospective searching of images which are legally in the possession of the Garda “through the safe and ethical use of biometric identification” under a limited set of circumstances.

These include where certain serious offences like homicide, rape, abduction, and child sexual abuse are suspected.

The use of biometric identification must also be necessary and proportionate in that specific case and each particular use of biometric identification must be authorised in writing in advance by a Chief Superintendent and a record of that authorisation maintained.

The Department said there “are numerous provisions included in the General Scheme which provide safeguards and oversight of the powers granted to An Garda Síochána.”

Ms McEntee said: “While allowing An Garda Síochána access to technology to assist them in performing their function is something that we can all agree is necessary, the power provided must be subject to sufficient safeguards and oversight to ensure the use of this technology is necessary and proportionate at all times.

“This draft Bill ensures there is a requirement for a statutory code of practice, including requirements to conduct data protection and human rights impact assessments.”

Groups such as the Irish Council for Civil Liberties have raised concern about how FRT could be used by authorities, particularly around whether it is used without warranted suspicion.

The Green Party had also raised concerns about making FRT available to gardaí, and this issue was addressed earlier this year when standalone legislation was proposed to regulate the area.

Ms McEntee is to ask the Oireachtas Justice Committee to conduct pre-legislative scrutiny of the Bill and to consider an additional list of serious offences for possible inclusion.

The department said the Bill provides “safeguards and oversight” of the new powers granted to gardaí, and noted that the new legislation would be drafted “fully in line” with EU law.

Separate legislation underpinning the introduction of body-worn cameras for gardaí, the Garda Siochana (Recording Devices) Act 2023, was signed into law on December 5th. – additional reporting: PA