Tommy,
Your point is well made. I had taken it that the request was being made in
order to progress legal proceedings, not to investigate an accident. There
is a clear distinction.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tommy Kennedy
Sent: 26 July 2002 15:40
To: [log in to unmask]
Subject: Re: Insurance access to CCTV
Ian
Apologies for the delay in replying...... just catching up.
I take your point about 35(2),
but wouldn't have thought the situation described was at the legal
proceedings stage just yet.
An example:
Say we disclose the 3rd party driver personal details using 35(2).
What if the insurance company reviews the footage and decides they are not
going to involve the 3rd party in the claim (for whatever reason) ?
"Purpose"
All that really happened was the insurer investigated an accident.
Is this really legal proceedings between the two parties ?
If not, could our disclosure using 35(2) be justified ?
"Necessary"
The insurer did not actually use the 3rd party data provided.
They could have reached the same conclusion just as easily with the personal
data removed. (e.g. the car reg number could have been blurred).
So we have provided 3rd party personal data that wasn't actually necessary
for the purpose ?
I agree things are clearer once 3rd party involvement is clear and legal
advice/proceedings are being considered.
But would be very careful if asked to disclose 3rd party data on the
assumption that it might become necessary and that legal proceedings might
eventually be considered.
best regards
Tommy.
>>> Ian Welton <[log in to unmask]> 07/16/02 01:27pm >>>
I am confused. Is an insurance claim regarding a car accident not part of
some legal proceedings between the parties involved?
Is section 35(2) not the enabling section in these circumstances?
The security and use of any personal data obtained is then down to the
insurance company. Any misuse and they are liable.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tommy Kennedy
Sent: 12 July 2002 13:41
To: [log in to unmask]
Subject: Re: Insurance access to CCTV
Neil
I'd be very careful with disclosure of 3rd party details.
Particularly the "other" car in these circumstances.
Check the notified purpose of your CCTV.
Its likely to be something like crime prevention/detection/prosecution.
This isn't the only possible purpose......... but it is the most common.
Assuming this is the purpose, who can you disclose to ?
Have a look at the OIC guidance, in particular the "Access to and disclosure
of images to third parties" bit.
My interpretation of this would be that the insurance company would not be
entitled to the 3rd party data.
I would probably ask the insurance company for a mandate from the insured
car owner.
Having got that, I'd offer them footage with the "other" car identifiers
blurred out.
And suggest they contact the police if they feel this warrants a criminal
enquiry.
Should the police then request the unedited data as part of a criminal
enquiry I would release to them.
I haven't had to deal with one like this yet.
But we have a fair amount of CCTV, so sure as rain and taxes it will come
along.
So I'd be interested in any other views ??
best regards
Tommy Kennedy
South Ayrshire Council
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