Minister Jim O’Callaghan secures Government approval to publish legislation to enable Gardaí use biometric recognition technologies.
- Foilsithe:
- An t-eolas is déanaí:
- The Garda Síochána (Recording Devices) (Amendment) Bill 2025 will allow for the use of biometric recognition technologies as a tool to process evidence in serious criminal investigations, matters relating to State security, and for missing persons cases
- Technology will free up Garda time, while being controlled by strict safeguards
Minister for Justice, Home Affairs and Migration, Jim O’Callaghan has received cabinet approval to publish the Garda Síochána (Recording Devices) (Amendment) Bill 2025, which will allow An Garda Síochána to use biometric recognition technologies, including facial images, to assist in the investigation of serious criminal offences. The Bill provides for the retrospective use of biometric analysis by Gardai which includes the retrospective searching of images in its possession.
Biometric recognition is the automated processing of biometric data in documents, including images or video footage, obtained by An Garda Síochána in the course of an investigation.
The use of biometric analysis will mean that An Garda Síochána will have the ability to sort, filter and compare relevant images from a collection of images or footage, such as CCTV, as part of a criminal investigation, matters relating to the security of the State or in missing persons searches.
It is expected that the introduction of biometric analysis will save Gardai thousands of vital work hours improving their ability to analyse evidence in a timely manner that will positively impact on the successful investigation of crime.
Currently Garda investigations can involve teams of Gardaí spending months and months trawling through CCTV footage, or footage captured on phones or from passers-by.
In addition, biometric technology will support the health and wellbeing of Garda members, sparing them the harrowing work of manually processing large volumes of material relating to cases of child sexual abuse and human trafficking.
Any use of this technology will be subject to strict safeguards and a Code of Practice that will outline the specific data protection and human rights controls that must be considered when using this technology.
Biometric technologies are being utilised by multiple police services across the EU while a number of other Member States are currently considering its use.
Marking the publication of the Bill, Minister O’Callaghan said:
“I am committed to building stronger, safer communities by strengthening An Garda Síochána, expanding resources, and modernising support to tackle crime. Providing Gardaí with the technologies needed to deliver an effective policing service is central to that commitment.
“The technologies we intend to provide for under this legislation will allow Gardaí to process vast amounts of footage and imagery much more efficiently than is currently the case.
“We know time is of the essence when Gardaí are attempting to identify a perpetrator suspected of involvement in a serious crime or when tracking the movements of a missing person. Therefore it is critical that we remove the need to manually trawl through thousands of hours of footage, allowing them to pursue investigations more quickly which will hopefully lead to successful outcomes.”
Biometric analysis does not seek to identify a person, but rather to find instances of an individual across relevant images or footage, where it is necessary and proportionate to utilise.
Biometric analysis will be an investigative tool for use by Gardaí. There will not be any automated decision-making on foot of the results of an analysis. There will be human intervention by a trained Garda member.
Several controls will be introduced to ensure that uses of these technologies are necessary and proportionate.
The Bill provides for a number of safeguards that the use of biometric analysis will be subject to, including a Code of Practice. This Code of Practice will set out the important procedural details, including the high standards of data protection and human rights control that must be considered. Once prepared, the Code of Practice will be publicly available to ensure transparency.
“In introducing legislative change government must always balance that right with what is necessary to prevent crime, enhance public safety and maintain national security. This legislation will achieve that balance,”
added Minister O’Callaghan.
The Code of Practice will be drafted by An Garda Síochána, in consultation with a range of stakeholders. The Commissioner then will finalise the code and submit it to the Minister for Justice, Home Affairs and Migration, who will lay it before the Houses for positive resolutions to be passed. If passed, the code will be included in a Statutory Instrument, thereby making it a public document.
On an ongoing basis, the use of biometric analysis will be monitored by a High Court Judge. This judge will have the power to access and inspect any official documents or records relating to the use of biometric analysis by An Garda Síochána. In turn, it is intended that this Judge will furnish an annual report to the Taoiseach.
Minister O’Callaghan also received approval to draft heads of a General Scheme to provide for retrospective and live biometric identification.
Biometric identification will involve the automated recognition of physical, physiological or behavioural human features for the purpose of ascertaining, or attempting to ascertain, the identity of an individual by comparing biometric data of the individual to biometric data stored in a database of one or more named individuals. This would be, by way of an example, the automated comparison of a facial image against a database which holds images of persons who have committed criminal offences.
The purposes for which retrospective biometric identification may be used will align with the first amending Bill, that is, where an arrestable offence is suspected, for the search for a missing person, and for the protection of the security of the State. The purpose for which live biometric identification may be used will comply with Article 5 of the EU AI Act.
ENDS
Note to the Editor
The Garda Síochána (Recording Devices) (Amendment) Bill 2025 will amend the Garda Síochána (Recording Devices) Act to incorporate the use of biometric technologies by An Garda Síochána.
The General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill was approved by Government on the 12 December 2023, published on the 14 December 2023 and referred to the Justice Committee for pre-legislative scrutiny. The report from pre legislative scrutiny was published on the 27 February 2024.
An Garda Síochána may utilise biometric analysis in the context of investigating an “arrestable offence”, for the protection of the security of the State, or a search for missing person, where it is necessary and proportionate to do so.
Whether or not the processing of biometric data (other than excluded biometric data) is relevant to or necessary for a particular arrestable offence, matter relating to State security or search for a missing person, will have to be assessed on a case-by-case basis.
Missing persons investigations are also outlined as a purpose for which biometric analysis may be carried out. This is to ensure that, where it is necessary and proportionate, An Garda Síochána may carry out biometric analysis where no offence or matter relating to the security of the State is suspected in the person’s disappearance but there may be a risk to life or harm to the person or others.
