Dear All,
I am interested in how others approach this issue. We had a training session recently where the trainer said that we should start charging £75 to search for a CCTV image. We were then told we should charge £100 (£75+£25) if we provide the image.
I did not attend the session, so I am not sure of the context. However, what came to mind when I was told of this advice was the freedom of information act. My understanding is that when a CCTV request arrives it is, by default, an FOIA request. It is a written request for recorded information. The applicant would then be refused the information if it contained their own (40 (1) and encouraged to apply under the Data Protection Act. Under the DPA, the applicant, if they are requesting their own personal data can apply to the organisation with a SAR. The fee for this process is £10.
If the request is for a 3rd party's personal data the process starts with FOIA, it is then refused under s.40 (2) as this would be published to the world. The applicant can then apply under s.35 (2) for the CCTV footage. Is it here that a fee could be considered? However, I would want to know why the applicant wants the CCTV as without having their own image or their client's image captured, I would suggest that the request be refused. As 35 (2) is a voluntary disclosure, I would suggest waiting until it becomes a s35(1). I am aware that other data controllers may have a different view of what to do with the s.35 (2) request.
Do the above scenarios make sense? Am I missing something? Are organisations missing out by not charging for CCTV footage?
What do others do?
Best,
Lawrence
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