Sarah
You don't say how old the student is; I assume between 16 and 18.
If the student asked for the footage, I cannot see how you can refuse it under section 7 (although if it also identifies the driver of the car - as it must - you should ask their permission first - see 7(4)). Even if permission is refused, you should still provide it if it is reasonable to do so without the consent of the other person.
The parents have asked. If they are doing so with authority of the student - they are simply their agent and you should proceed I think as above.
They have no right to do so without authority of the child as between those ages the child must have capacity to handle requests on their own (unless perhaps if the student is now incapable as a result of the accident??)
Hope this helps.
Renzo
Renzo Marchini
Dechert LLP
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Sarah Rainford
Sent: 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
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