Courts / Cavan / Report

Gardai operating 'de facto surveillance system' by using private CCTV, Lunney trial told

Summary

At the Special Criminal Court in Dublin on 30 June 2021, defence counsel argued that gardai are operating a "de facto surveillance system" through unauthorised access to private CCTV footage, breaching citizens' constitutional rights to privacy. The submissions arose during the trial of four men, including Alan O'Brien and Darren Redmond of Dublin and Luke O'Reilly of County Cavan, who have pleaded not guilty to the false imprisonment and assault of Quinn Industrial Holdings director Kevin Lunney on 17 September 2019 near Ballinagh, County Cavan. Counsel contended that gardai access CCTV from businesses and homes without proper safeguards, oversight, or legal justification, circumventing protections in the Garda Síochána Act 2005. They argued the practice fails proportionality tests and breaches data protection obligations. The defence also submitted that CCTV owners had not been informed of their right to refuse access or asked to maintain records. The trial before Mr Justice Tony Hunt and two other judges continues.

Who, what, where, when and why

What: Report matter: Gardai operating 'de facto surveillance system' by using private CCTV, Lunney trial told. Charges or matters: false imprisonment; intentionally causing serious harm. Procedural stage: sentence

When:

• September 17, 2019 Hearing Or Sentence
• 2021-06-30 Publication

Why: Mr O'Lideadha replied that they must "comply with the legal obligations because they are being used as part of a de facto surveillance system operated at second hand by the gardai. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report