There is an ICO decision under FOI about this: Bristol North PCT (10th April 2006) http://www.ico.gov.uk/cms/DocumentUploads/Decision_Notice_FS50066908.pdf I have examined this case in an article for our latest newsletter which is out in the next day or so. See www.actnow.org.uk Ibrahim Hasan Solicitor Act Now Training The Information Law Training Specialists www.actnow.org.uk Tel : 07808 079264 New Autumn Program out Now -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Turner Sent: 06 July 2006 12:01 To: [log in to unmask] Subject: Re: [data-protection] Disclosure of CCTV footage Everyone else can shoot me down if they wish, but I think that this is an FOI request. You could use Section 40 to withhold images of other people, but if you had footage of the person doing the tampering, I think you could justify disclosing the information on the basis that it would not be a breach of the principles to disclose images which show a person committing a crime. On the other hand, if you believe the Commissioner's slightly eccentric post-Durant CCTV guidance, the images may not even be personal data, and you could do what you liked with the footage unless another FOI exemption suggested itself. Tim Turner Data Protection / FOI Officer Legal and Property Services Wigan Council -----Original Message----- From: Brenda Scourfield [mailto:[log in to unmask]] Sent: Thu 06 July 2006 10:01 To: [log in to unmask] Subject: [data-protection] Disclosure of CCTV footage A member of the public who stores a large mechanical item of his on a local airfield run by the Authority, wants to have a copy or view CCTV footage as he believes his property may have been tampered with. Can we release this for viewing or does the request need to come through a solicitor or the police following an official complaint. The CCTV footage would include both employees and members of the public. Whilst one camera covers an area of 22,000feet and not all people are recognisable, his property is nearest the camera and people could be identified by manner of walking, or possibly features if caught right. Any advice gratefully awaited. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses using Sophos anti-virus software. www.mimesweeper.com www.sophos.com ********************************************************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^