**********************************************************************************
This e-mail and any files transmitted with it are intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient and you have received this e-mail in error any use, dissemination, forwarding or copying of this e-mail is prohibited. Statements and opinions expressed are those of the author and do not necessarily represent those of the Authority. The content of this email is not legally binding unless confirmed by us in a signed letter.
If you have received this email in error, please notify the IT Network Adviser by telephone on +44 (0)1527 64252 or via email to [log in to unmask], including a copy of this message. Please then delete this email and destroy any copies of it.
Redditch Borough Council has taken every reasonable precaution to minimise the risk of software viruses being contained in attachments to this e-mail. You should, however, carry out your own virus checks before opening the attachment(s). Redditch Borough Council will not be liable for direct, special, indirect or consequential damages arising from alteration of the contents of this message by a third party or as a result of any virus being passed on.
***********************************************************************************
S. 29(2) states the exemption only applies to the same extent as in sub-section
(1). i.e. the data is only exempt from the subject access provisions to the
extent to which its disclosure would prejudice the purpose for which it is
processed. The question is therefore, would the possible prosecution be
prejudiced by the disclosure of the CCTV images? If it would not then they
should be disclosed. As the data subject is aware the tape exists and it would
presumably be used in evidence, would it not have to be disclosed at some stage
in any case?
Pat
davidwyatt wrote:
> Doreen
>
> Some thoughts
> If you are looking only at data subject access (subject information
> provisions and Section 7)
>
> Under DPA 98
> Section 29 (2) exempts data subject access if personal data is used for
> prevention or detection of a crime.
> Section 29(4) may also be arguable depends on the criminal offence.
>
> Subject information provisions defined in Section 27(2)
> However never been too sure of interpretation of the clause in Section
> 27(5).
> Views on that clause anyone?
>
> David Wyatt
>
> ----- Original Message -----
> From: "Broom, Doreen" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, December 12, 2002 5:39 PM
> Subject: [data-protection] CCTV
>
> > All
> > I have recently had a request from a solicitor wishing to view CCTV
> footage
> > of an incident her client was involved in. The gist of the story is that
> > the client had been arrested not sure why and had apparently been bundled
> > into the back of the police van by about 6 officers. I believe the client
> > thinks he was badly mistreated. Anyway, the Council and the Police are
> > Joint Data Controllers in that the Council own and maintain the equipment
> > and the Police monitor/change tapes etc.
> > The whole incident has been filmed. The Police have now said that they
> are
> > holding the tape until they have spoken with the Procurator Fiscal -
> > (person who decides if criminal proceedings will be brought) as to whether
> > it can be disclosed. Does this mean that if criminal proceedings are
> being
> > brought by the Police they do not need to disclose? I am not sure if this
> > is allowable - can I insist that the Police release this tape...don't want
> > to get on the wrong side of them though?
> > Any help would be greatly appreciated.
> > Doreen Broom
> > Access to Information Officer
> > [log in to unmask]
> > Tel: 01835 826516 (Direct Line)
> >
> >
> >
> > **********************************************************************
> > This email is privileged, confidential and subject to copyright.
> > Any unauthorised use or disclosure of its content is prohibited.
> > The views expressed in this communication may not necessarily
> > be the views held by Scottish Borders Council
> > **********************************************************************
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > If you wish to leave this list please send the command
> > leave data-protection to [log in to unmask]
> > All user commands can be found at : -
> > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|