I am confused. Is an insurance claim regarding a car accident not part of
some legal proceedings between the parties involved?
Is section 35(2) not the enabling section in these circumstances?
The security and use of any personal data obtained is then down to the
insurance company. Any misuse and they are liable.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tommy Kennedy
Sent: 12 July 2002 13:41
To: [log in to unmask]
Subject: Re: Insurance access to CCTV
Neil
I'd be very careful with disclosure of 3rd party details.
Particularly the "other" car in these circumstances.
Check the notified purpose of your CCTV.
Its likely to be something like crime prevention/detection/prosecution.
This isn't the only possible purpose......... but it is the most common.
Assuming this is the purpose, who can you disclose to ?
Have a look at the OIC guidance, in particular the "Access to and disclosure
of images to third parties" bit.
My interpretation of this would be that the insurance company would not be
entitled to the 3rd party data.
I would probably ask the insurance company for a mandate from the insured
car owner.
Having got that, I'd offer them footage with the "other" car identifiers
blurred out.
And suggest they contact the police if they feel this warrants a criminal
enquiry.
Should the police then request the unedited data as part of a criminal
enquiry I would release to them.
I haven't had to deal with one like this yet.
But we have a fair amount of CCTV, so sure as rain and taxes it will come
along.
So I'd be interested in any other views ??
best regards
Tommy Kennedy
South Ayrshire Council
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