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sorting and filtering data in order that a human reviewer can narrow down avenues of investigation. Let us take an example of where biometric analysis will be of considerable assistance to An Garda Síochána. This is in investigations of child sexual abuse material. As an aside, I should … prosecute it. If we take the example of a child sexual abuse material investigation, there could be thousands of images over which biometric analysis could be performed. If the approach in the amendment were to be adopted, it would require the biometric analysis of each image

page 10, between lines 16 and 17, to insert the following: “(ba) clear and specific limits on the circumstances in which biometric analysis or biometric categorisation may be used, including prohibitions on use for general surveillance, population level monitoring, or speculative searches, (bb) objective thresholds and evidential standards … that must be met before any biometric analysis may be initiated, (bc) safeguards to prevent disproportionate or discriminatory impacts, including mandatory risk assessment procedures, (bd) technical and operational parameters governing accuracy, reliability, and error rate thresholds, and (be) mandatory documentation, authorisation procedures and audit trails to ensure accountability

Minister, or any public body acting on their behalf shall not procure, license, contract for, deploy, or otherwise make operational use of any biometric analysis technology, surveillance technology, software, hardware, dataset, or related service supplied by— (a) a company incorporated, headquartered, or substantially operating in a state engaged … engaged in war crimes, crimes against humanity or genocide. (2) For the purposes of this section, ‘surveillance technology’ includes any system capable of biometric analysis, facial recognition, behavioural categorisation, pattern of life analysis, or the processing of biometric data within the meaning of the Data Protection

Minister, or any public body acting on their behalf shall not procure, license, contract for, deploy, or otherwise make operational use of any biometric analysis technology, surveillance technology, software, hardware, dataset, or related service supplied by— (a) a company incorporated, headquartered, or substantially operating in a state engaged … engaged in war crimes, crimes against humanity or genocide. (2) For the purposes of this section, 'surveillance technology' includes any system capable of biometric analysis, facial recognition, behavioural categorisation, pattern of life analysis, or the processing of biometric data within the meaning of the Data Protection

that section. Subsection (2) states: [the] draft code of practice shall include provisions relating to- [...] (b) parameters for use of biometric analysis, including geographical and, subject to section 43C(7), temporal limits of such use, (c) the confidentiality, security, storage, access, retention, erasure and destruction of data obtained … specifically includes, in subsection (2), reference to data, and also subsection (3)(b) refers to "different types of biometric data and biometric analysis", and "different categories of persons or data (including biometric data)". The issue is referred to and covered already in the Bill. There

parameters for use. The code can also set out different provisions in relation to types of biometric data or the circumstances in which biometric analysis can be carried out. As a result, I cannot accept amendment No. 7. Amendment No. 8 is also not considered necessary because section … sets out what is to be included in the code of practice. This includes the parameters for the carrying out of biometric analysis. The code of practice for the carrying out of such analysis will be laid before the Houses. This means that the Houses will have

only way to emphasise this is to make it an offence. The Bill already criminalises falsifying, concealing or destroying information obtained by biometric analysis. It does not, however, state that a contravention of the Bill itself is an offence. The purpose of this amendment to make … without lawful authority or reasonable excuse knowingly to contravene section 43C(1), which states: "A member of Garda personnel shall not carry out biometric analysis other than in accordance with this Part and any applicable code of practice." The last time we spoke on this, the Minister said

amendment No. 2: In page 6, after line 40, to insert the following: “(3A) A member of An Garda Síochána shall not deploy biometric analysis unless authorised in advance by a member of An Garda Síochána not below the rank of Chief Superintendent, who shall record in writing … terms of how this technology can be used and, crucially, to ensure that there is no overreach, by ensuring that the deployment of biometric analysis or facial recognition must be authorised in advance by a garda not below the rank of chief superintendent. As I said during

following reason. I am conscious that the Deputy wants to make it a criminal offence if a garda should access or use biometric analysis other than in accordance with the legislation. That would mean that a garda could be prosecuted in circumstances where the mistake was inadvertent … there is a breach of the Act because even if it was an inadvertent breach of the rules in respect of biometric analysis, there was nonetheless a breach of the rules. The offence provision follows on from what is set out in principal Act and focuses

bundles of hundreds or thousands. If we are going to have a chief superintendent who has to authorise each one of them before biometric analysis can take place, that is going to have a very limiting impact on the work of the Garda. In fact, the likelihood … practice. He should reserve his comments in respect of that because a code of practice setting out procedures surrounding the use of retrospective biometric analysis will be laid before both Houses of the Oireachtas. It will be subject to debate and resolutions being passed. It will be published

Minister shall lay the code of practice, together with an explanatory memorandum outlining the safeguards, limitations and parameters governing the use of biometric analysis and biometric categorisation, before each House of the Oireachtas

when we hand these tools over we do so in a way that is legally sound. The Bill introduces a new concept of biometric analysis which is defined across three limbs in section 43A. The first allows gardaí to automatically recognise and categorise physical features of individuals generally … things; it cares what we do. What these powers do - in particular the first limb - is categorise people on the basis of their biometric data, namely, skin colour, hair colour, eye colour and body shape. By any plain reading, that is a biometric categorisation within the meaning

Ceann Comhairle will be aware, the purpose of this legislation is to provide a facility for An Garda Síochána to engage in retrospective biometric analysis in terms of the work that it does and in terms of trying to speed up investigations for the purpose of identifying missing … existing guidelines. Procurement matters generally would not be a matter to be addressed in this Bill. In the case of any procurement of biometric technologies, there are requirements for providers and deployers of AI systems under the AI Act and An Garda Síochána will look to its European

Deputy Carthy for his amendment. As he indicated, he wants to put into legislation that a pilot programme should be carried out before biometric analysis is commenced by An Garda Síochána. As I mentioned on Committee Stage, the putting in place of a pilot scheme for the roll

consider whether Part 3, which deals with ANPR, or Part 6, which deals with third-party CCTV, or Part 6A, which deals with biometric analysis, operate in a manner calculated to secure "confidence in the impartial performance of policing functions, without disproportionate impact on persons of particular national

Seán Moore Park, which has been set on fire six times in the past three years. It also explicitly prohibits the use of biometric analysis within crime prevention zones, a safeguard that is not currently provided for. This Bill builds on the existing legislative framework but also highlights

this into primary legislation, such as the legislation we are dealing with here about the ability of An Garda Síochána to use biometric retrospective analysis. It would be inappropriate in that legislation to put in a provision that talks about with whom An Garda Síochána may enter into

Deputy Ken O'Flynn asked the Minister for Social Protection whether his Department uses any external forensic document analysis service, AI-detection software, biometric verification tool or digital authentication system when assessing suspected fraudulent social welfare claims; the annual cost of such systems or services since