RE: CCTV - Disclosure Policy by Ibrahim - written 27/11/2007 16:39:39


Thanks for your e mail.

Your CCTV system is covered by the DPA and in particular the CCTV Code of Practice.

This
covers use of the system as well as subject access by employees and
others. The short answer is there is a right to see images of oneself 
captured on CCTV. However there is no automatic right to see third
party images. See section 7 of the Act for more on this.

Also the question arises as to whether someone can use FOI to get access to images of third parties say damaging his car.

Here the following ICO decision is relevant:

Case Ref: FS50066908
Date: 10/04/2006
Public Authority: Bristol North NHS Primary Care Trust
Summary:
The complainants requested a copy of CCTV footage relating to an
alleged incident of vandalism in one of the PCT's car parks. The trust
refused access to the information under section 40 of the Act, stating
that it was personal data and release would breach the data protection
principles. The Commissioner then investigated the nature and purpose
of the CCTV cameras involved and reviewed the CCTV footage itself.
Having done this, it was decided that the images were personal data and
their disclosure would breach the first data protection principle, and
so the exemption applied was held to be valid. As a result the Decision
Notice does not identify any steps to be taken; however, when first
refusing the complainants' request for information the PCT did not
respond within 20 working days, and the Commissioner has therefore
found that this breached section 10 of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld
, FOI 40 - Complaint Not upheld














View PDF of Decision Notice FS50066908


"Allowing
a general right of access to this footage would be contrary to the
expectations of those whose images have been captured and therefore
unfair. Further, in the Commissioner’s view, were CCTV footage to be
available to the public on-demand, this would be likely not only to
undermine the intended use and purpose of the technology but also to
adversely affect individuals’ personal privacy."

This is the key passage.

Other useful resources include:

My article on Photographs and the Law:

http://www.informationlaw.org.uk/page14.htm

Guidance on Use of Images on the Act Now Training website:

http://www.actnow.org.uk/content/18

The forthcoming Act Now course on CCTV and the Law:

http://www.actnow.org.uk/courses/13

If you would like me to check your CCTV policy I am happy to take your instructions.

Regards
seamus mcgivern wrote (23/11/2007 11:09:26):

I am drawing up a CCTV Disclosure policy for my council.

Our purpose is "Detection and Prevention of Crime and the Prosecution of  offenders.

Our CCTV System will cover car parks used by our employees and the public.

Should we disclose data (images) on request when people say that their  cars have been damaged or when an employee says that they want see the images of them from the system.



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