-----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
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