Gardaí accuse cyclist of 'biased agenda' after he submits camera footage of alleged road offences
This is despite the fact that gardaí routinely request members of the public to submit their dashcam evidence in press releases they issue when seeking help in investigations into serious or fatal road incidents.
The cyclist recently reported four alleged road traffic offences through the online Garda Traffic Watch portal. But he was shocked to receive a threatening response from gardaí, who claimed he did not have a 'legitimate' reason to collect camera footage attached to his report. Pic: Righttobikeit/X
A cycling road safety campaigner behind the @righttobikeit account on X has since shared a picture of the letter received by the cyclist after he offered video footage of the alleged road traffic violations to gardaí.
And according to the X account, other cyclists have also reported receiving 'identical' letters from the same garda.
Labour TD Ciarán Ahern commented on the post, saying the letter from the garda is 'completely unacceptable'. He has also vowed to 'follow up on this with the Minister for Transport' [Darragh O'Brien]. Labour TD, Ciarán Ahern. Pic Stephen Collins/Collins Photos
In the letter published online, a garda told the cyclist he 'reviewed' four incidents they reported, before accusing them of having a 'biased agenda'.
The garda wrote: 'I believe there is a biased agenda in the way you are performing this function of reporting incidents and then wishing to provide alleged evidence gathered personally by you in the form of electronic media/data.'
The garda writes that the cyclist's 'actions and agenda' could be seen as 'prejudicial to the Constitutional Rights of any accused person'. The garda added: 'I am aware that you use a portable video camera that is mounted to the bicycle in some way. Pic: Righttobikeit/X
'It also appears to me you record and keep video footagelelectronic data that is primarily recorded in public places which contain identifiable subjects for an unspecified period of time.' The garda continued: 'You have no basis whatsoever for performing this function.'
The garda also urged the cyclist to read the Data Protection Act 2018 'in full'. And he warned: 'Your actions, and in the way in which you are storing video data and storing possibility many other unknown volumes of video footage/data containing identifiable subjects and are currently archiving this data to an undisclosed data storage in this fashion makes you a Data Controller.'
As a result, the garda said the cyclist is therefore 'subject to the provisions of the Data Protection Act 2018 and all the regulations in relation to the capturing, storing and sharing of any data that is captured by you'. Pic: KarlM Photography/Shutterstock
He further warned the cyclist that he does not have a 'legitimate reason' to collect such data.
And he concludes by threatening to 'review' other similar incidents reported by the cyclist 'with a view of submitting a report for investigation to the Data Protection Commissioner'.
According to the account which posted the letter on X, three other cyclists have since come forward claiming they 'received the same letter from the same garda' after they also attempted to report alleged road traffic offences. Pic: Righttobikeit/X
The @righttobikeit X account described the letter as 'despicable and outrageous' and accused the garda who wrote of seeking 'to undermine the system'.
On June 18, Extra.ie contacted the Gardai with details of the letter and asked for comment. Over the following three weeks, Extra.ie repeatedly requested a response, but none was provided. The story was held because we believed a Garda response to the apparent contradiction in investigative approaches warranted comment from the force.
This week, we told Garda HQ we would be going to print with or without a response. A month after first being asked, a Garda spokesman replied to our query: 'It is quite clear from the advice of the Data Protection Commission, and the cited judgment in the case of Rynes vs Urad (2014), the Court of Justice of the European Union (CJEU), that in recording video/audio in a public place a driver/ cyclist is assuming the role of a data controller, and therefore is required to comply with the General Data Protection Regulation (GDPR) and applicable provisions of the Data Protection Act 2018.'
'An Garda Síochána does not comment on third-party remarks. An Garda Síochána does not comment on the details of correspondence with private individuals.'
'Where An Garda Síochána, or any agency, intends to use a digital image for a prosecution, An Garda Síochána must, in the first instance, be able to prove the veracity of the digital image. Therefore, An Garda Síochána cannot accept unsolicited images.
'However An Garda Síochána should engage with the complainant/witness and endeavour to prove the veracity of the footage, by arranging for direct in-person download of the footage and an accompanying statement of complaint by the complainant/witness. The third party must be available to attend in court and may be required to prove the digital image.
'A common misconception is that a member of An Garda Síochána can provide an unsolicited, unverified digital image in court as evidence. This is not possible. Each complaint/ investigation is individual and is progressed on an individual basis.'
He continued: 'Action 29 in Ireland's Government Road Safety Strategy 2021 – 2023 provides that An Garda Síochána 'explore the potential of an online portal for road users to upload footage of road traffic offences which could assist in prosecution.'
'In conjunction with the development of a Digital Evidence Management System (DEMS) to facilitate the role out of Body Worn Cameras (BWC), An Garda Síochána is developing a modern legal platform which will facilitate the transfer of third party video to An Garda Síochána in a safe manner, protecting the evidential value of the images/ video and complying with legal frameworks.
'Any person who has a complaint regarding the conduct of members of An Garda Síochána can contact Fiosrú, the Office of the Police Ombudsman: Home – Fiosrú,' he concluded.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Journal
4 hours ago
- The Journal
Three people charged under Terrorism Act in the UK with showing support for Palestine Action
THREE PEOPLE HAVE been charged under the Terrorism Act in the UK with showing support for Palestine Action. A man and a woman in their 70s, and a woman in her 50s, had been arrested following a protest in central London last month and have since been charged. Palestine Action is a UK-based protest collective which was founded in 2020. It's focused on targeting 'British complicity' in Israel's military operations and is known for its disruptive, direct-action tactics, including occupations, vandalism, and blockades. Last month, a vast majority of MPs in the UK parliament backed the Labour government's move to ban direct Palestine Action as a terrorist organisation. The ban means that membership of, or support for, Palestine Action is a criminal offence punishable by up to 14 years in prison, under the Terrorism Act 2000. The move to ban the organisation was announced after two Voyager aircraft were damaged at RAF base in Oxfordshire on 20 June, an incident claimed by Palestine Action, which police said caused around £7 million (€8m) of damage . Advertisement Today, two women and a man were charged with showing support for Palestine Action following a protest in central London on 5 July. Jeremy Shippam, 71, of West Sussex, Judit Murray, also 71, of Surrey, and Fiona Maclean, 53, of Hackney, north-east London, were charged with showing support for a proscribed organisation under section 13 of the Terrorism Act 2000. They are due to appear at Westminster Magistrates' Court on 16 September. The charges come ahead of a planned protest in support of the group on Saturday afternoon in London's Parliament Square, with organisers expecting more than 500 people to attend. The head of the Metropolitan Police's Counter Terrorism Command, Commander Dominic Murphy, said that anyone who displays public support for Palestine Action is 'committing an offence under the Terrorism Act and can expect to be arrested'. He added that the charges show that any displays of support will be 'investigated to the full extent of the law'. He said that the Met is also planning to send case files to the UK's Crown Prosecution Service for 26 other people arrested on the same day. 'I would strongly advise anyone planning to come to London this weekend to show support for Palestine Action to think about the potential criminal consequences of their actions,' said Murphy. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Examiner
5 days ago
- Irish Examiner
Labour leader calls for public inquiry into sex abuse allegations at St John's Ambulance
The leader of the Labour party has called for a full public inquiry into St John's Ambulance charity, saying it is 'regrettable' that it has not taken place to date 'as survivors need transparency'. Ivana Bacik made the call while speaking in the Dáil and urged the Taoiseach Micheál Martin to 'join us in supporting survivors' calls for a full public inquiry.' Ms Bacik is the latest politician to call for an inquiry, which has also been made by past and present TDs and senators over the last two years. These follow the publication in 2023 of a report by Dr Geoffrey Shannon which found systemic failures in the charity. Mick Finnegan from Dublin was first to break his silence and say that he was raped and abused by a former senior member of the charity who has never been charged. Ms Bacik told the Taoiseach: We know that St John's Ambulance has paid money in settlements to survivors who allege sexual abuse in childhood by a former senior figure in St John's Ambulance and we are aware of further civil cases in that some have been referred to the gardaí. 'In 2023 the (Geoffrey) Shannon review confirmed systemic failures in St John's ambulance from the 60s to the 90s and I note in a recent statement from minister Foley confirming that her department had provided funding for a 12-month period to ensure that all of Dr Shannon's recommendations, including safeguarding, be implanted in full," Ms Bacik said. 'She also confirmed she had no plans to establish a statutory inquiry. Taoiseach that is regrettable, survivors need transparency, a plan for the implementation of the recommendations of the Shannon report and review, and survivors say they are exhausted by delays and by the tone of engagement they have received to date. 'Taoiseach, what is your view on this and do you join us in supporting survivors' calls for a full public inquiry?' The Taoiseach responded saying he was 'focused' on the implementation of the recommendations from the Shannon report. He acknowledged there were 'many calls for inquiries by many areas', but said he has a 'broader concern of commission of investigations methodology and model as a basis of dealing with issues of this kind'. Mick Finnegan has also hit out a large volume of redacted Freedom of Information papers which were received by a member of the Oireachtas. He said his issues remain the same and wishes to 'move forward' with a full inquiry. Mick Finnegan said 'once the Dáil comes back into session in September we will definitely be following up on this'. He told the Irish Examiner 'Funding for a safeguard officer seems to have ended last month. Since the Dáil has ended there are no parliamentary questions being answered. 'But once the Dáil comes back into session in September we will definitely be following up on this. He said that in March senator Chris Andrews also called for a statuary inquiry into St John's Ambulance. 'Minister for Children Norma Foley did not agree and you can see her full speech and notes on their reasoning as to not hold such an inquiry. 'Overall, none of the documents gave concrete evidence that a child safety officer has been implemented' he said. 'We will be following up on this with Ms Foley once the Dáil is back in session.'
The Journal
25-07-2025
- The Journal
Silent vigil held outside Justice Department following assault of Indian man in Tallaght
OVER 100 MEMBERS of the Indian community in Ireland held a silent vigil outside the Department of Justice this afternoon after an Indian man was assaulted in Tallaght last weekend. Last Saturday evening, a man in his 40s was assaulted by a group of youths in the Parkhill Road area of Kilnamanagh in south-west Dublin after being falsely accused of inappropriate behaviour. The man was stripped of his pants and underwear by the gang during the vicious attack. Gardaí have appealed to anyone who may have witnessed the assault to come forward. People Before Profit's Paul Murphy said the assault appeared to be the latest in a 'series of recent racially motivated attacks by a gang' in the area. 'The racist groups and individuals who spread their hate bear a heavy responsibility for this and for racist attacks elsewhere' said Murphy. 'Their lies and hate create the atmosphere in which these attacks take place.' This afternoon at 3pm, Friends of India, Ireland held a 40-minute silent vigil in front of the Department of Justice in solidarity with the victim of the recent violent attack in Tallaght. The organisers said it was also a 'collective call for justice, unity, and action against hate crimes'. Labour TD Ciarán Ahern was at the silent vigil and said 'proud to stand in solidarity with members of our Indian community'. Advertisement He added: 'We will not stand for this. We will not allow our communities to become places of fear and hate.' Proud to stand in solidarity with members of our Indian community today🇮🇪🇮🇳 An Indian man was viciously attacked in Tallaght in an appalling unprovoked racist attack last weekend We will not stand for this. We will not allow our communities to become places of fear & hate❤️ — Ciarán Ahern TD (@ciaranahern) July 25, 2025 Speaking to RTÉ at the vigil, Shashank Chakerwart said last weekend's assault 'isn't an isolated incident'. 'As a community, it is important for us to come together and simply protect the dignity of that human being who was stripped naked, who had to walk around the street. You don't want that on Irish streets,' he said. 'It most certainly isn't an isolated incident, because so many migrant communities have been impacted by these violent teenage gangs,' he added. An anti-racism demonstration was also held in Tallaght this evening at 6.30pm in response to last weekend's attack. Anti-racism demonstration in Tallaght this evening People Before Profit People Before Profit Speaking ahead of this demonstration, People Before Profit Councillor for Tallaght South Kay Keane remarked that the area is in 'shock since we learned of the appalling attack'. 'We will not stand by and let this go unchallenged, so Tallaght is coming together to reject the attackers and their hate,' Keane added. Fellow People Before Profit Councillor Darragh Adelaide added: 'The racist groups who spread their hate bear responsibility for this and for other racist attacks. 'It's the far right's lies and hate that create the atmosphere in which these attacks take place. 'They bear a very heavy responsibility for what happened on Saturday and in other racially motivated attacks'. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
