5 days ago
Gardaí accuse cyclist of 'biased agenda' after he submits camera footage of alleged road offences
A cyclist who reported alleged road traffic offences to gardaí was accused of having a 'biased agenda' and warned he faces investigation from the Data Protection Commissioner.
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, contacted the Gardai with details of the letter and asked for comment. Over the following three weeks, 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.
