Julie
If you no longer have the original tape (or any copy of it) and you cannot
determine the purposes and manner of processing any personal data contained
on the original or any copy then you are not a data controller. You might
want to check with the police or your legal department as to what if any
control you still have over the tape which is now in the possession of the
police, just to satisfy youself that you aren't in facty able to determine
the purposes and manner of processing.
If you are no longer a data controller then you can have no subject access
obligations and you don't have to consider the issue of viewing facilities
for the copy versus a possible SAR. In that case, in my opinion, there is no
particular reason why you should afford viewing facilities to the 2 people
concerned. Unless, of course, you just want to be helpful.
Ian
-----Original Message-----
From: Julie Davenport [mailto:[log in to unmask]]
Sent: 10 June 2004 11:11
To: [log in to unmask]; [log in to unmask]; [log in to unmask]
Subject: RE: [data-protection] Viewing CCTV footage
Thank you for your comments. Although we were the original Data Controller
we obtained the footage relating to the incident in question. The local
Police then seized the tape to conduct an investigation. We are no longer
holding the data, therefore not processing. Is that correct? The Police
would then record that we were the Source of the data. The Police then
provided a copy of the tape to the individuals. Isn't it their
responsibility to ensure that it is in a format which is compatible with
their recording equipment? Because we hold viewing equipment should we
invite the individuals in the view the material. My initial thoughts were
to refer them back to the Police to view as they provided the information.
With kind regards,
Julie Davenport
Data Protection Adviser
01902 554498
-----Original Message-----
From: Ian Mansbach [mailto:[log in to unmask]]
Sent: 10 June 2004 10:27
To: [log in to unmask]; [log in to unmask]
Cc: Julie Davenport
Subject: RE: [data-protection] Viewing CCTV footage
Ian B
In the context of Julie's original question which related to the 2 people
viewing (presumably) "their" copy of the tape on her Council's equipment
(presumably the same as or compatible with that used by her Council in
recording the original tape in the first place), the viewing is not caught
by the DPA so far as the Council is concerned. In my later comments, I
refined the issue of DPA applicability in relation to the 2 people who
control the copy.
Of course, the original tape recorded by the Council (and presumably still
in their possession) is caught by the Act. The recording, storage and
disclosure of the original tape by the Council are all DPA issues for the
Council as will be any likely subject access request received if facilities
to view the copy are not provided. To the extent that information on the
copy of the tape constitutes personal data, the 2 possessors of the copy
tape are data controllers as they are the persons who "determine the
purposes for which and the manner in which any personal data are or are to
be processed" [s1(1)]. How they acquired the copy tape or the fact that in
its present state the data are not viewable without recourse to the
Council's equipment makes no difference. The Council determines the purposes
and manner of processing the personal data contained on the original tape,
and the other 2 folks determine the purposes and manner of processing of the
personal data on "their" copy. The Council is data controller in respect of
the original tape and the other 2 folks are data controllers in respect of
"their" copy.
My suggestion would be to allow the 2 people to view "their" copy on the
Council's equipment since there are no DPA issues for the Council in doing
so. If the Council doesn't provide viewing facilities, they are more than
likely to receive a SAR which will almost certainly cost the Council more
to deal with. But that's just my practical perspective!
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
international: +44 (871) 716 5060
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 10 June 2004 09:24
To: [log in to unmask]
Subject: Re: [data-protection] Viewing CCTV footage
In a message dated 09/06/04 14:23:22 GMT Daylight Time, [log in to unmask]
writes:
> If the 2 people are viewing "their" tape (ie the copy in their
> possession) on equipment belonging to you then it isn't caught by the
> DPA.
---------
Has the DPA world gone mad? The tape was recorded by the council
(presumably on cameras with pan, tilt and zoom), disclosed to the police
under an exemption (presumably), copies then given to the individuals
without the permission (or knowledge) of the data controller, are
incompatible with VHS, therefore it is held in a manner in which it can be
processed by the original data controller - and it's not caught by DPA? How
can this be so?
I would tell the individuals to go back to their source and request a VHS
copy of the tape, inform the police that if they have the legal right to
give copies to the data subjects they should ensure the format is correct
and finally inform the individuals that for security reasons you cannot
allow them into the control room.
But then, as most people know, I am an awkward so-and-so.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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