All I have recently had a request from a solicitor wishing to view CCTV footage of an incident her client was involved in. The gist of the story is that the client had been arrested not sure why and had apparently been bundled into the back of the police van by about 6 officers. I believe the client thinks he was badly mistreated. Anyway, the Council and the Police are Joint Data Controllers in that the Council own and maintain the equipment and the Police monitor/change tapes etc. The whole incident has been filmed. The Police have now said that they are holding the tape until they have spoken with the Procurator Fiscal - (person who decides if criminal proceedings will be brought) as to whether it can be disclosed. Does this mean that if criminal proceedings are being brought by the Police they do not need to disclose? I am not sure if this is allowable - can I insist that the Police release this tape...don't want to get on the wrong side of them though? Any help would be greatly appreciated. Doreen Broom Access to Information Officer [log in to unmask] Tel: 01835 826516 (Direct Line) ********************************************************************** This email is privileged, confidential and subject to copyright. Any unauthorised use or disclosure of its content is prohibited. The views expressed in this communication may not necessarily be the views held by Scottish Borders Council ********************************************************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 : - www.jiscmail.ac.uk/user-manual/summary-user-commands.htm (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^