Doreen,
Is there anything stopping the council allowing the solicitor to view the
tape using section 35, if the police have no section 29 exemption they wish
to claim? If section 29 is applied by the police, an approach from the
solicitor to the police under the disclosure rules would then seem to apply.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Broom, Doreen
> Sent: 12 December 2002 17:40
> To: [log in to unmask]
> Subject: CCTV
>
>
> 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)
>
>
>
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