see also FOI case involving Bristol West PCT
On 19 Jan 2009, at 10:22, Tim Turner wrote:
> Hello
>
> The student should make a written request - they're riding a
> motorbike and attending sixth-form, so they're obviously old enough
> to make their own request. You've got 40 calendar days from when the
> request is received. I would politely tell the parent that it is not
> their data.
>
> If the footage clearly identifies the driver, or they can be
> identified easily by other means, you've got the personal data of
> both the applicant and a third party (the driver). You have to
> decide whether you owe a duty of confidentiality to that third
> party, whether their data protection rights not to have their data
> disclosed is overridden by the applicant's rights to see what
> happened to them.
>
> In my opinion, if the footage unquestionably shows that the driver
> is at fault (i.e. you can see all the contextual information, you
> know what happened), it would be reasonable to disclose the footage
> to the applicant. You can't win, because one side or the other will
> have their data protection rights infringed. You have to choose
> whose right is the more important.
>
> If you refuse to disclose the footage under DPA because you don't
> believe anyone can be identified (i.e. it's not personal data), then
> the footage would be covered by FOI. However, you should steer clear
> of this - under FOI, if you gave it out to one party, you would have
> to give to anyone, even people not connected with the incident.
>
> Cheers
>
> Tim Turner
> Wigan Council
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]
> ] On Behalf Of Sarah Rainford
> Sent: Mon 19 January 2009 10:17
> To: [log in to unmask]
> Subject: [data-protection] CCTV Data Request of Recorded Vehicle
> Accident
>
> Colleagues
>
> I would be very grateful to receive any guidance or comments on the
> following:
>
>
> We have CCTV in operation on the College campus to help prevent and
> detect crime on site. However, a motorcyclist was knocked from his
> motorcycle by a car on one of the College car parks. The CCTV
> conclusively shows the car driver was at fault and the parent of the
> student on the motorcycle has asked by phone for a copy of the images.
>
> Would it make a difference if the student asked for the footage
> himself?
> If the request is under DPA I assume it would be a written request
> required with 20 days to respond?
>
>
> The ICO CCTV Code of Practice advises caution in disclosure of
> footage but 'In some limited circumstances it may be appropriate to
> release images to a third party, where their needs outweigh those of
> the individuals whose images are recorded'. Would this fall into one
> of those limited circumstances?
>
>
> Further on in the Code of Practice under Subject Access Requests
> (9.2) it
> says:
>
> 'Individuals whose images are recorded have a right to view the
> images of
> themselves and, unless they agree otherwise, to be provided with a
> copy of
> the images. This must be provided within 40 calendar days of
> receiving a
> request. You may charge a fee of up to £10 (this is the current
> statutory
> maximum set by Parliament). Those who request access must provide
> you with
> details which allow you to identify them as the subject of the
> images and
> also to locate the images on your system.'
>
> If we denied the CCTV footage under DPA could it be consequently
> requested
> under this part of the FOI?
>
>
>
> Any help would be very much appreciated.
>
> Kind regards
>
> Sarah Rainford
> CIS Manager
> Blackpool Sixth Form College
> 01253 394911 Ext:232
>
>
>
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Regards
Ibrahim Hasan
Solicitor and Trainer
www.informationlaw.org.uk
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