Print

Print


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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^