Use of Mobile Recording Devices – Public Consultation Survey

Use of Mobile Recording Devices – Public Consultation Survey

Thank you for participating in this public consultation regarding Limerick City and County Council’s (LCCC) proposed use of mobile recording devices.

Your feedback is invaluable in helping us understand community perspectives and make informed decisions. The following questions are designed to gather your views on public safety, privacy and the effectiveness of such devices.

Your responses will remain confidential and will be used solely for this consultation. A copy of the Privacy Statement for this survey can be read here.

LCCC is undertaking this public consultation on the proposed use of mobile recording devices across Limerick City and County. "Mobile Recording Device" or "MRD" means a recording device, other than CCTV, and includes a body-worn recording device as defined in section 5 of the Act of 1996. Examples of a MRD may include a dashcam, smartphone and drones amongst other similar devices, for the purpose of this Code of Practice and may change from time to time depending on advancements in technology.

It is anticipated that mobile recording devices would be used in the following contexts.

1. Context No. 1: Enforcement of the Waste Management Act, 1996 (as amended) – i.e. the detection and investigation of suspected waste management offences where physical access on to a site is not reasonably practicable either because of physical obstruction or personal safety concerns. In some cases, there might also be a requirement to gather aerial evidence either because there is a reasonable fear of imminent environmental damage, or such evidence is required for live legal proceedings e.g. to monitor compliance with a court order.
2. Context No. 2: Enforcement of the Waste Management Act, 1996 (as amended) and the Water Pollution Acts, 1977 to 2007 – i.e. the assessment, monitoring and tracking of surface contaminants during a suspected water pollution incident where safe access onto a water body is not reasonably practicable or where there is an urgent requirement to anticipate any threat to downstream habitats or water abstraction sites and to conduct a survey accordingly, or to plan contingency measures.
3. Context No. 3: Enforcement of the Sanitary Services Act, 1964 – i.e. the visual examination of suspected dangerous structures, the entry into which, could reasonably be deemed to be hazardous to staff and where three-dimensional visual assessments need to be undertaken.
4. Context No. 4: Emergency incidents drone usage will be for the protection of life and property. Article 6(1) (e) of the GDPR “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”, specifically:
   1. Fire Services Act, 1981, section 25 i.e. A fire authority may carry out or assist in any operations of an emergency nature, whether or not a risk of fire is involved, and a fire authority may accordingly make such provision for the rescue or safeguarding of persons and protection of property as it considers necessary for the purposes of that function.
   2. Section 8 Safety Health and Welfare at Work Act 2005 requires the employer to safeguard the safety and health and welfare at work of its employees through ensuring, insofar as is possible, their working conditions are safe, and to supply them with protective equipment where necessary.

Please note that the following would apply at all times:

1. All operators would be undertaking activities for which they are specifically “authorised persons” under national legislation.
2. All operators would be competent to Irish Aviation Authority (IAA) requirements and registered with the IAA.
3. All operators would follow would rigid flight procedures in relation to the use of mobile recording devices close to members of the public and livestock.
4. All operations would be undertaken in accordance with IAA requirements.
5. All operations would be undertaken in full compliance with the Local Government Management Agency Code of Practice for the Use of Mobile Recording Devices which is available here.
6. The use of such devices and any data captured, processed or stored, would be subject to LCCC’s statutory obligations under data protection legislation, including the General Data Protection Regulation (GDPR).

Note that this consultation does not relate to the use of Community Closed Circuit Television (CCTV) under Section 38 of An Garda Síochána Act 2005. Please refer here for LCCC's CCTV policy, location map, and scheme implementation process.

See the link to the Council’s Drone Policy here.

The closing date for this survey is Friday, 7^th March 2025.

• This survey is anonymous. No personal data will be retained by LCCC. 
• If you do not register for a MyPoint Account, you will need to complete the survey in one session. Registering for a MyPoint Account allows you to save the survey in stages (Save Draft).
• Please click “Next Page” to begin the survey.  
• Please read all questions first and note the subtle difference between the first three questions so as to avoid duplicating your answers.