Help in the Laws

[chriscukss 0]

Can anyone here help in the laws in the uk, we have a family that wish to view our CCTV, are they able to do this. Please contact me if you feel you can help.

 

Thanks

 

We are a Security Company who look after a large shopping Arcade here in the UK.

[kensplace 0]

Can anyone here help in the laws in the uk, we have a family that wish to view our CCTV, are they able to do this. Please contact me if you feel you can help.

 

Thanks

 

We are a Security Company who look after a large shopping Arcade here in the UK.

 

Hi,

 

Im not a laywer, so you may want to seek professional advice, but my take on the situation is that its almost certain that under law you would have to comply with their request to view footage, if it is a reasonable request, and they are in the footage, or need footage for a good reason (keep on reading though!)

 

However, this only would apply to footage of the individuals in question, or a specific event that has occured, they would be able to demand your cctv footage in general, and certainly not live footage.

 

If you are monitoring premises such as a shopping arcade in the UK, then its a safe bet that you *should* be registered with the Data Protection Act for CCTV, and you must comply with the relavent rules it has.

 

Unless you are exempt from the data protection act (for example householder cctv, etc) then your meant to follow the rules.

 

A quote from the information commissioners website on requests for images from third parties (who may not be on the footage, but need it for some reason)

 

Any other requests for images should be treated carefully, as a wide disclosure of these may be unfair

to the individuals concerned. 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.

Example: a member of the public requests CCTV footage of a car park, which shows their car

being damaged. They say they need it so that they or their insurance company can take legal

action. You should consider whether their request is genuine and whether there is any risk to the

safety of other people involved.

 

 

And another, about subject information requests, where people can ask for a copy of footage.

 

Subject Access Requests

Individuals whose images are recorded have a right of access which usually involves being

provided with a copy of the images. These must be provided within 40 days of receiving a

request. You may charge a fee of up to £10. 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. You need to consider the following:

How will the staff involved in operating the CCTV system recognise a subject access request?

Do you have internal procedures in place for handling subject access requests?

A clearly documented process will also help guide individuals through such requests. This should

make it clear what an individual needs to supply. You should decide:

What details will you need to find the images? Is it made clear whether an individual will

need to supply a photograph of themselves or a description of what they were wearing at

the time they were caught on the system, to aid identification?

Is it made clear whether details of the date, time and location are required?

What fee will you charge for supplying the requested images (up to a maximum of £10)

and how this should be paid? Make this clear to people making access requests.

How will you provide an individual with copies of the images?

CONSULTATION DRAFT

5 13

If images of third parties are also shown with the images of the person who has made the

access request, you must consider whether you need to obscure the images of third parties. If

providing these images would involve an unfair intrusion into the privacy of the third party, or

cause unwarranted harm or distress, then they should be obscured.

Example: Images show a waiting room in a doctor’s surgery. Individuals have a high expectation

of privacy and confidentiality. Images of third parties should be redacted (blurred or removed)

before release.

Example: Footage shows the individual making the request and their friends waving at a camera

in the town centre. There is less expectation of privacy and the person making the request

already knows their friends were there. It is likely to be fair to release the unedited image.

Where you decide that images of third parties should not be disclosed, then you will need to

make arrangements to disguise or blur the images in question. It may be necessary to contract

this work out to another organisation. Where this occurs, you will need to have a written

contract with the processor which specifies exactly how the information is to be used and

provides you with explicit security guarantees

 

There is also the freedom of information act, details of which are on the same document I quoted the above from [see this link http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/ico_cctv_consultation_draft_final.pdf

 

So, to sum up, as I understand it, if someone has been been recorded on your shopping centers cctv, then subject to them providing you with the details of what they need, and paying the fee, then as long as its safe (ie it wont put anyone in danger, or compromise others privacy etc etc) then you need to supply them with the footage (or footage edited to remove other parts of the image they should not see)

 

I would suggest you fully read up on the regulations, details can be found

at the following links

http://www.crimereduction.homeoffice.gov.uk/cctv/cctvminisite30.htm

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/ico_cctv_consultation_draft_final.pdf

and also google for data protection act...

 

Seek professional help if unsure, maybe ring the information commissioners office to ask for guidance...