Can covert surveillance be used as evidence when carrying out an investigation?

Posted in : First Tuesday Q&A ROI on 7 February 2017
Julie Austin
McDowell Purcell
Issues covered:

Covert surveillance often involves an employer monitoring an employee thrush the use of CCTV. The current position adopted by the Data Protection Commissioner (the "DPC"), as published in the recently revised Guidelines on CCTV Usage (the "Guidelines"), is as follows:

  1. Covert recording is generally unlawful.
  2. Surveillance is normally only permitted on a case by case basis where the data is kept for the purposes of preventing, detecting or investigating offences, or apprehending or prosecuting offenders. The final objective of any recording must be an actual involvement of An Garda Síochána (or other prosecution authorities) for potential criminal investigation or civil legal proceedings

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Back to Q&A's This article is correct at 07/02/2017

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Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email

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