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Just to add-in my Friday afternoon two-penny'th, I think the obligation goes slightly beyond "wilful destruction to avoid disclosure".  If you know that you only keep CCTV tapes for 31 days and you receive a request on the 30th of the month for a copy of CCTV tape recorded on the 1st of the month, you should ensure that the destruction (which would normally take place on the 31st of the month is not undertaken that day).  You would then have the remaining 39 days in which to review the tape concerned and provide a copy to the requester.
 
I have had this very argument with my local Council from whom I asked for a copy of the CCTV footage at the junction where a BMW car knocked me off my motorbike.  I had the accident on a Tuesday, asked for a copy of the CCTV footage on the Thursday, and was told the following Wednesday that they only kept the tapes for 7 days so the tape concerned had already been wiped........... how very convenient (for them, not for me).  As it turned out, just the fact that I had asked the Council for the footage was enough to have the BMW driver reach for their cheque book PDQ, but I wonder if he would have done so had he known the footage wasn't available.
 

Antoinette Carter
Consultant
Information Governance
Marketing and Customer Services (MCS)
Tel: ++44 (0)207 389 4970
Fax: ++44 (0)207 389 4754
Email: [log in to unmask]

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 01 June 2007 14:19
To: [log in to unmask]
Subject: Re: [data-protection] CCTV Images

It's not against the Data Subject's rights - the subject doesn't have a right to make us keep stuff, only to provide what we have when they ask. If our normal policy or practice is to destroy after 28 or 31 days, there's no problem. The only problem is wilfully destroying information to thwart disclosure.
 
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council

Tel: 01942 488354 (ext 8354)

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Fri 01 June 2007 14:14
To: [log in to unmask]
Subject: [data-protection] CCTV Images

All

 

I have been looking at our Code of Practice on CCTV.  I believe we hold our tapes for approximately 31 days.  How does this accord with the Data Protection Act when a subject access request is made i.e. 40 days.  We’re not the only Council who does this, some only hold the tapes for 28 days.

 

I can’t remember if this came from the guidelines from the IC’s Office but it seems totally against the data subject’s rights according to the Act.

 

TGIF.

 

Doreen

 

Doreen Broom

Access to Information Officer

Scottish Borders Council

Corporate Resources - Corporate Administration

Tel: 01835 826516

e-mail: [log in to unmask]

 

 

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