To put a spin on this point, I'm of the opinion that many systems do have
joint data controllers. However recently I have looked at the CCTV code of
practice for a neighbouring council, this states that when any subject
access request is made to the council that these are past to the police to
comply with. However, the same code states that the police will only
receive a copy of the tape if they supply a crime number! This totally
threw me, if the police need a crime number to get a copy of the tape, do
they create a number just to comply with a subject access request? if so
reported crime figures must be inaccurate (god forbid because we all know
that these statistics are accurate and never manipulated).
I was always of the opinion that when there are joint data controllers a
request for access to either one should be completed by that controller
having gathered the data from its partner. Any thoughts?
Paul Couldrey
Data Protection Officer
Wolverhampton City Council
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 01 June 2001 09:52
To: [log in to unmask]
Subject: Re: Re CCTV Footage
Hi
My Council instals, monitors and provides the equipment for CCTV purposes.
The Police retain the video tapes and are the named source for production of
any footage. In my opinion, both are processing and are therefore Joint
Data Controllers and accordingly have both notified.
Doreen
> -----Original Message-----
> From: David Logan [SMTP:[log in to unmask]]
> Sent: 01 June 2001 09:22
> To: [log in to unmask]
> Subject: FW: Re CCTV Footage
>
> -----Original Message-----
> From: David Logan
> Sent: 31 May 2001 17:09
> To: [log in to unmask]
> Subject: RE: Re CCTV Footage
>
>
> Somehow I thought you'd like this one!
>
> Other Councils, interestingly, have taken the view that the Police are the
> sole data controller, but I'm not wholly convinced. The Trust is funded in
> part by the Council, the Trust monitors cameras installed by the Council
> and
> it is obliged to provide reports to the Council of anything of note.
>
> On the other hand, in the Agreement with the Trust (under review) both the
> Council and the Trust accept that "title to the video recordings" rests
> with
> the Chief Constable. The Agreement also states that the cctv scheme is in
> accordance with the Police Code on the use of cctv and the Code is
> incorporated into the Agreement.
>
> The further complication is determining which Police Code is incorporated.
> The Code has changed and the new Code (not incorporated as a schedule to
> the
> Agreement as the original Code was) specifies that the principal purposes
> of
> the cctv scheme are the prevention of crime and public safety.
>
> Arguably, therefore, the Council has accepted that it has joint control of
> the data with the Police in that it accepts it can only use the data but
> subject to Police approval. The conflict, therefore, between what
> information the Council wants and what it gets may not be entirely
> relevant.
>
> A proposed solution is to remove monitoring by the Trust and either do it
> in-house or give to some third party who doesn't bind himself to the
> Police
> Code. All of that presupposes, of course, that there is no issue as to
> purposes of the cctv scheme or as to the signs used to publicise the
> scheme!
>
> David Logan
> West Dunbartonshire Council.
>
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]]
> Sent: 31 May 2001 15:59
> To: [log in to unmask]
> Subject: Re: Re CCTV Footage
>
>
> David
>
> Mmm. Very interesting. If they are denying you any images at all they
> must
>
> be the SOLE data controllers. If you look at the images together and
> decide
>
> who gets what then you could be joint data controllers, but if the police
> filter them you cannot possibly be controllers of those images in my view
> -
> you would merely be a recipient.
>
> The police should register the system, identify you as a recipient and if
> they are giving you images that are not for crime detection/prevention,
> they
>
> should make the purposes clear on their signs.
>
> The other option is that the Trust is the data controller with the police
> and
> yourselves being registered as recipients. But if the police decide who
> gets which images, they could be a joint data controller with the Trust.
>
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
> or
> negate the need for proper legal advice and/or representation. It is
> essential that you do not rely upon any advice given without contacting
> your
>
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
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