Hello
The student should make a written request - they're riding a motorbike and attending sixth-form, so they're obviously old enough to make their own request. You've got 40 calendar days from when the request is received. I would politely tell the parent that it is not their data.
If the footage clearly identifies the driver, or they can be identified easily by other means, you've got the personal data of both the applicant and a third party (the driver). You have to decide whether you owe a duty of confidentiality to that third party, whether their data protection rights not to have their data disclosed is overridden by the applicant's rights to see what happened to them.
In my opinion, if the footage unquestionably shows that the driver is at fault (i.e. you can see all the contextual information, you know what happened), it would be reasonable to disclose the footage to the applicant. You can't win, because one side or the other will have their data protection rights infringed. You have to choose whose right is the more important.
If you refuse to disclose the footage under DPA because you don't believe anyone can be identified (i.e. it's not personal data), then the footage would be covered by FOI. However, you should steer clear of this - under FOI, if you gave it out to one party, you would have to give to anyone, even people not connected with the incident.
Cheers
Tim Turner
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Sarah Rainford
Sent: Mon 19 January 2009 10:17
To: [log in to unmask]
Subject: [data-protection] CCTV Data Request of Recorded Vehicle Accident
Colleagues
I would be very grateful to receive any guidance or comments on the
following:
We have CCTV in operation on the College campus to help prevent and detect crime on site. However, a motorcyclist was knocked from his motorcycle by a car on one of the College car parks. The CCTV conclusively shows the car driver was at fault and the parent of the student on the motorcycle has asked by phone for a copy of the images.
Would it make a difference if the student asked for the footage himself?
If the request is under DPA I assume it would be a written request required with 20 days to respond?
The ICO CCTV Code of Practice advises caution in disclosure of footage but 'In some limited circumstances it may be appropriate to release images to a third party, where their needs outweigh those of the individuals whose images are recorded'. Would this fall into one of those limited circumstances?
Further on in the Code of Practice under Subject Access Requests (9.2) it
says:
'Individuals whose images are recorded have a right to view the images of
themselves and, unless they agree otherwise, to be provided with a copy of
the images. This must be provided within 40 calendar days of receiving a
request. You may charge a fee of up to £10 (this is the current statutory
maximum set by Parliament). Those who request access must provide you with
details which allow you to identify them as the subject of the images and
also to locate the images on your system.'
If we denied the CCTV footage under DPA could it be consequently requested
under this part of the FOI?
Any help would be very much appreciated.
Kind regards
Sarah Rainford
CIS Manager
Blackpool Sixth Form College
01253 394911 Ext:232
#####################################################################################
This e-mail message has been scanned for Viruses and Content and cleared
by MailMarshal
#####################################################################################
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
********************************************************************************************************************************************
>>Corporate Disclaimer<<
**********************************************************************
This email together with any files transmitted with it is confidential and is intended solely for the use of the individual to whom it is addressed. The information may be covered by legal professional privilege. Do not copy, disclose or distribute the information. If you are not the addressee, please contact the sender and immediately delete this email and any attachments.'
This footnote also confirms that this email message has been swept by
Proofpoint for the presence of computer viruses using F-Secure
anti-virus software.
www.proofpoint.com
www.f-secure.com
**********************************************************************
Wigan is an excellent council
Awarded 4-stars by the Audit Commission
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|