David
I didn't get the Police to agree to being Joint Data Contollers - the Police
are Joint Data Controllers - they monitor the tapes/change the tapes.
Should there be a subject access request - the police hold the data (within
Police Stations) and not the Council and therefore they would be responsible
for an SAR.
The Council only owns the equipment (cameras etc), instals the equipment and
maintains it. The Council do not monitor the videos. In any event - our
signs are not yet up but we have been told that all we need is a "camera"
sign, name of both controllers of system and a contact telephone number for
further info.
We ourselves would probably have to look to a third party in order for them
to blur the images and therefore a contract would have to be in place on
behalf of the Council& Police (as we are joint Data Controllers) and the
third party - och, it gets complicated!
I was at a CCTV Seminar at Tulliallan Police College the other week and a
speaker who was heavily involved in the development of a CCTV system at
South Ayrshire basically said that they had received hardly any requests for
subject access. Admittedly, we cannot rely on that as we must in fact be
complying with the law!!!!
Also you can monitor for "crime prevention & public safety".
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
> -----Original Message-----
> From: David Logan [SMTP:[log in to unmask]]
> Sent: 19 September 2001 14:51
> To: [log in to unmask]
> Subject: re : Subject Access to CCTV
>
> Sorry I can't help with request for form.
>
> I'm interested, however, in the fact that Police and Council are joint
> data
> controllers.
>
> This Council likewise has equipment it owns. Some of these images are
> transmitted to a third party which views them on behalf of the Council.
> This
> third party has bound itself to observe the Code of Practice and
> Guidelines
> issued by the Chief Constable of Strathclyde Police. In terms of these the
> Police claim copyright in the images. There is no agreement as to who is
> the
> data controller. It would be useful, therefore, to know how the Police
> agreed that they were joint data controllers.
>
> Another issue of interest is the extent to which the Council can
> competently
> monitor images for purposes other than prevention or detection of crime
> and
> the on what basis the Police can release images of crime prevention or
> detection to third parties who may not have a locus to enforce sanctions
> caused by breaching criminal law.
>
> Any comments would be appreciated.
>
> David Logan
> Principal Solicitor
> West Dunbartonshire Council.
>
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