GDPR and Litter Pollution:

“That Roscommon County Council request the Ministers for Justice and Environment to immediately bring forward legislation, to facilitate the use of CCTV images and other electronic recordings as evidence in prosecutions under the Litter Pollution and Waste Management Acts”

“That Roscommon County Council request the Ministers for Justice and Environment to immediately bring forward legislation, to facilitate the use of CCTV images and other electronic recordings as evidence in prosecutions under the Litter Pollution and Waste Management Acts”

The Meetings Administrator read the following reply:

This Motion requires a resolution of the Council.

Cllr. Naughten stated that he has brought the motion to the Plenary meeting as Chairperson of the Planning, Environment, Climate Action and Corporate Governance SPC where the matter was recently discussed. There is a difficulty in the use of CCTV images and electronic recordings in enforcement and fines and taking prosecutions due to regulations around GDPR are and the fact that the Litter Pollution Act was enacted prior to GDPR  and it is creating a difficulty for the Council in using the CCTV.  This is a nationwide problem and it was agreed by the members of the SPC that this was such a serious issue in our challenge in trying to reduce litter pollution around the county where the Council can can't enforce on foot of CCTV information. We are asking the Minister to immediately act on this and that whatever legislative changes are required should be enacted. This proposal had the unanimous support of the SPC.

The members supported the motion and discussed as follows:

·         While the Data Protection legislation was introduced in 1988 and the more recent GDPR legislation, there appears to be a slavish interpretation of the rules. This is going to be problematic going forward in prosecuting crimes, which litter pollution is, if CCTV and other recordings cannot be used. GDPR should not hold back the efforts of Government to protect our environment.

·         The GDPR is an EU Directive that came in to protect the fundamental rights of people and not to hinder the efforts of the various bodies in the State to prosecute such matters as breaking litter laws and other similar problems.

·         Indiscriminate dumping is an ongoing blight in our countryside.

·         A working group has been set up Nationally by the Minister to look at the small fines that currently exist under the Litter Pollution Acts and this is at least some progress.

Acting Director of Services, Mr. Pat Murtagh informed the members that legislation is currently being prepared following a consultation process in February. Under the Waste Action Plan for a circular economy it is proposed to extend the fixed payment notices to additional offences under the Waste Management Act by inserting a new Section to provide for the use of CCTV and other technologies in waste enforcement activities. There will also be a new section in the litter pollution acts for the same purpose to provide CCTV and other technologies for litter enforcement activities.

On the PROPOSAL of Cllr. Naughten

              SECONDED by Cllr. Keogh

It was AGREED to call on the Ministers for Justice and Environment to immediately bring forward legislation, to facilitate the use of CCTV images and other electronic recordings as evidence in prosecutions under the Litter Pollution and Waste Management Acts.