What if a school is asked by a law enforcement authority for access to the recordings?

Section 8 of the Data Protection Acts provides that disclosure of personal data is permitted in certain cases; “any restriction in this Act on the processing of personal data do not apply if the processing is – […] (b) required for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders…”  Accordingly, if a law enforcement authority, such as An Garda Síochána, is seeking a recording for a specific investigation, the disclosure by the School to the Gardaí may be permitted under section 8(b). Any such request made by An Garda Síochána should be made in writing specifically stating that the request relates to a particular investigation and that the recordings are required for the purposes of that investigation. On receipt of such a request, the school/ETB may wish to seek legal advice to ensure that furnishing a copy of the recording or allowing the Gardaí to view it complies with Section 8(b) of the Data Protection Acts. In certain extraordinary circumstances a warrant may be required. See also State Institutions Requests

The view of the Data Protection Commissioner with respect to the Supply of CCTV Images to An Garda Síochána is as follows: If the Gardaí want CCTV images for a specific investigation it is up to the data controller to satisfy himself that there is a genuine investigation under way.