As Part of what I do, I work with scanned images of paper documents.
There is a code of legal admissibility, BIP0008, which sets out
conditions under which such scanned images may be admissible to Court.
Compliance with this standard does not necessarily ensure the
admissibility of any scanned document in Court, but greatly increases
the likelihood of such admissions being accepted.
As Tim has said, each case is different - maybe a similar standard
exists for CCTV. In any case the provisions of that standard are
worthwhile adopting.
========================
Ronan Durnin
Business Support Officer
NIGALA
79 Chichester Street
Belfast
BT1 4JE
(02890 316557 DDI)
[log in to unmask]
-----Original Message-----
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 12:11
To: [log in to unmask]
Subject: Re: [data-protection] CCTV may fail to comply with the law
articl e reference[Scanned]
I'm happy to be contradicted, but I am not certain that any type of
image
could be said to be "inadmissible". The judge will admit all sorts of
things, but what matters is the evidential weight that can be attached
to
it. So if an organisation can supply a digital image, can give
information
about its provenance and how it has been stored since being created, the
evidential weight would be greater than if the image was taken in less
certain or secure circumstances. The other side in any given case might
be
able to cast sufficient doubt on the reliability of digital images to
render
them useless as evidence, but I think every case is different.
I think the truth of it is that any piece of evidence, no matter what it
is
or where it is from, will have varying degrees of evidential weight and
will
be of varying degrees of usefulness depending on how it was obtained.
Digital images would work if the people using them as evidence can
satisfy
the court that they are genuine and have not been tampered with. As
digital
CCTV images are being used in court, and as public authorities are
increasingly turning to digital cameras to gather evidence, I think it's
more than likely that judges are accepting them.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
Tel: 01942 488354 (ext 8354)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: Fri 01 June 2007 12:02
To: [log in to unmask]
Subject: Re: [data-protection] CCTV may fail to comply with the law
article
reference
Except that " ... that the vast majority of CCTV if used incorrectly and
could potentially be inadmissible in court." Is grammatically incorrect
and
does not really make sense. Take the "and" out though and you have
something
meaningful, but I can't see such a big error getting through.
One thing that has puzzled me is CCTV that stores images digitally.
Digital
images are not (as far as I recall) admissible in court unless it can be
proved that the images could not have been manipulated. This means that
there needs to be certain safeguards against such images being held
insecurely if they are to be used.... Not sure if I am right on this,
but I
would suspect that if my understanding is correct then many CCTV
recordings
are potentially useless in a courtroom.
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Robert (Bob) Waixel
Sent: 01 June 2007 09:47
To: [log in to unmask]
Subject: Re: [data-protection] CCTV may fail to comply with the law
article
reference
Judging by the extremely limited list (TWO) of sponsors so far at:
http://www.camerawatch.org.uk/aboutus.html
it seems to be an organisation with great aims - some wide-reaching PR
for
its cause, and little else - so far.
I wonder whether the statement
" ... that the vast majority of CCTV is used incorrectly and could
potentially be inadmissible in court."
might be a (very slight) misprint for:-
" ... that the vast majority of CCTV if used incorrectly and could
potentially be inadmissible in court."
Only one letter changed so cant make a big difference...(!)
BoB Waixel.
========================================================================
Tim Turner wrote:
> I think everything you need to know is in the following sentence from
> the article:
> "A new national advisory body for the industry, CameraWatch, which has
> the backing of the police and the Information Commissioner's Office,
> claimed yesterday that the vast majority of CCTV is used incorrectly
> and could potentially be inadmissible in court."
> So someone is setting up a new organisation and needs some publicity,
> they have the backing of the ICO for the organisation but not
> necessarily the specific comments, and finally the vast majority of
> CCTV "could potentially" be inadmissible, but could equally be
> entirely admissible, it all depends. It's a sweeping statement with
> assumption rather than evidence to back it up. I think either
> CameraWatch could be accused of hyperbole, or the Times has hyped it
> up, or it's a bit of both.
>
> 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 Lawrence Serewicz
> Sent: Thu 31 May 2007 19:12
> To: [log in to unmask]
> Subject: [data-protection] CCTV may fail to comply with the law
> article reference
>
>
> Dear All,
>
> While the topic may not be data protection, wonder what you thought of
> the following article. I am not aware of the reasons why the CCTV is
> now considered illegal. Does this relate to data protection issues?
>
> The following is taken from today's (31 May)Times
>
> NEARLY ALL CCTV CAMERAS ARE ILLEGAL
> Ninety per cent of Britain's 14.2m CCTV cameras may be failing to
> comply with the law, according to the new national advisory body for
> the industry. The body claimed yesterday that the vast majority of
> CCTV is used incorrectly and recordings could therefore potentially be
> inadmissible in court.
> Times p.33
>
> Best regards,
>
> Lawrence Serewicz
>
>
> Lawrence W. Serewicz
> Policy and Partnership Manager
> Corporate Development Unit
> Wear Valley District Council
> 01388-761-985
> ----------------------------------------------------------------------
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