Video evidence

[Peter Pedant]

You know when you are buying petrol and so on, the subject (lets call him the data subject) is often on video. How can you get hold of a copy of the video? Is the law the data protection act or some other act? whch section, how long do they have to respond and what is the cost?

I am putting the questions here, as there are obviously some lawyers a few questions down discussing the extension to the similar evidence rule.

[el duerino]

sorry peter you want to get hold of video surveillance from a petrol station? well if I assume correctly this is the private property of the station and they are under no obligation to disclose it unless it provides evidence in a criminal investigation. as I understand it the videos are overwritten every few days anyway if nothing of note occurs.

[Gandy]

Under Data Protection Act 1998, Chapter 29, Part 2, You need to apply in writing to the Data Controller for who ever you want to get CCTV footage from.  You can expect to pay a maximum of �10.  They must supply within 28 days.  They must also blur out anyone that is in the footage who is not you.

[Peter Pedant]

Many thanks Gentlemen

el duerino is wrong, and Gandy is right. Many thanks for the chapter and verse, I thought it was one of the Data protection acts but didnt know where or what.

Cheers, boys

[stoo_pid]

Actually, el duerino is partly correct - the Data Protection act only applies to data held on file, whether electronically or in paper form.  It is a condition of the act that all data that is held is accurate, relevant & kept for no longer than is necessary.  In the situation you describe in your question, unless anything of note has occurred (e.g. you nick some petrol)  it is pretty unlikely they will keep the images for very long.

[Peter Pedant]

Thank you all and sundry.

Answer Bank DOES work well.

erm, yes it wasnt a petrol station (but it could have been!) and yes the events (with me on it) were noteworthy) and yes I applied and gave notice within 24hrs - its just that nothing has happened after three weeks, and I did wonder if a policy of scrubbing within a few days absolved them of a duty to keep and produce -and I actually thought on reflection that the answer was no.Nonetheless in pointing out that a body is in breach of the data protection act, erm one has to know which bits of the act they are in breach of. So all contributions are very welcome. many thanks one and all - I could not have come this far withoutja.

 

[Oneeyedvic]

Try going to www.informationcommissioner.gov.uk

These are the people who will enforce the data protection act

I don't think the company will have to give you details of cctv footage, as there is an exception "to enable the prevention and detection of crime" which I reckon  CCTV would cover.

 

[stoo_pid]

If you can be bothered to plough through its all here:
http://www.hmso.gov.uk/acts/acts1998/19980029.htm

 

[SKCOLL]

One of my favourtie comedians - Mark Thomas - did a stint on CCTV coverage - check out his web page.  At the time he encouraged people to act out little films/plays and then pay the 10 quid to get a copy from a CCTV camera covering them - therfore, creating a film for 10 quid <g>

 

http://www.mtcp.co.uk/campaigns.php?id=5

 

[Peter Pedant]

Yes he did! I saw the program too but couldnt place it: I thought it was Johnny Vaughan.

He just said he had got  the video and not really how. Although a little later he showed electronic memos from one firm which said -"get the low-down on XY..."

Many thanks all of you.

 

 

[Oneeyedvic]

Okay, as I said before the Information Commissioner is responsible for upholding the Data Protection Act. There has been a test case re CCTV - follow this link

http://www.informationcommissioner.gov.uk/eventual.aspx?id=5739

And all will be revealed - it is not a simple yes or no answer, but depends on a lot of things, like how many cameras are in the system, are they movable