That's my view - but I can't yet get the Police to accept that they are joint data controllers! Some people have said that the "camera" sign by itself is not enough where the Council is monitoring for purposes other than prevention or detection of crime. These other purposes may include anything which the Council is empowered to do and where having cctv would be beneficial. For instance, Housing Dept may want to monitor to find out about anti-social behaviour of tenants. So, do other Councils use cctv for purposes other than prevention or detection of crime and, if so, what is their authority for doing so?! David Logan Principal Solicitor West Dunbartonshire Council. -----Original Message----- From: Broom, Doreen [mailto:[log in to unmask]] Sent: 19 September 2001 15:03 To: [log in to unmask] Subject: Re: re : Subject Access to CCTV 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. > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > 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 : - > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm > all commands go to [log in to unmask] not the list please! > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ********************************************************************** This email is privileged, confidential and subject to copyright. 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