Primary requests to view data generated by a CCTV system are likely to be made by third parties for any one or more of the following purposes:
- providing evidence in criminal proceedings
- providing evidence in civil proceedings or tribunals
- the prevention of crime
- the investigation and detection of crime (may include identification of offenders)
- identification of witnesses
Third parties, which are required to show adequate grounds for disclosure of data within the above criteria, may include, but are not limited to:
- police
- statutory authorities with powers to prosecute, (eg. Customs and Excise; Trading Standards, etc)
- solicitors
- claimants in civil proceedings (evidence of proceedings are required from the Courts or acting Solicitor before any release of footage)
- accused persons or defendants in criminal proceedings (evidence of proceedings are required from the Courts or acting Solicitor before any release of footage)
- other agencies, (as agreed by the Data Controller and notified to the
- information Commissioner) according to purpose and legal status
Upon receipt from a third party of a bona fide request for the release of data, the data controller shall:
- not unduly obstruct a third party investigation to verify the existence of relevant data
- ensure the retention of data which may be relevant to a request, but which may be pending application for, or the issue of, a court order or subpoena. A time limit shall be imposed on such retention, which will be notified at the time of the request
Where requests fall outside the terms of disclosure and Subject Access legislation, the data controller, or nominated representative, shall:
- be satisfied that there is no connection with any existing data held by the police in connection with the same investigation
- treat all such enquiries with strict confidentiality
The media
Where it is decided that the public's assistance is needed in order to assist in the identification of victim, witness or perpetrator in relation to a criminal incident. As part of that decision, the wishes of the victim of an incident will be taken into account. In all cases of media disclosures for the purposes of this clause the police authority will have the sole discretion of disclosure
Road traffic collision
If you have had a road traffic collision, your insurance company will need to contact the Council to obtain footage of the incident. The Council charges £140.00 non-refundable to insurance companies to assist with the cost of downloading and producing this footage.
Please note: footage will not be viewed or downloaded until this fee is paid. As above, it is not possible for you to view footage or for us to view footage just to see if an incident has been captured.
The Council does not have to disclose the data if it thinks there are not strong enough grounds to do so.