Requesting CCTV Decline

[H20]

Hello,

I was the victim of a hate crime by a retail employee. I've requested a copy of the CCTV from the store. They have refused on the grounds that the CCTV has other people within it. Surely, this isn't ground as it's easy to blur people out? Further, I've offered to pay any cost for undertaking any tasks involved. Is there any case law on this? Can I refer it to the ICO? Any advice please

[R0b]

You are correct and the store is wrong. They cannot refuse CCTV simply because other people are in the picture frame and as you rightly say they can blur those faces out so they cannot be identified.

Section 165 of the Data Protection Act 2018 allows you to make a complaint to the ICO about the store and failure to comply with your request. I should also point out in that Section 173 makes it a criminal offence for a data controller to alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure to a data subject.

I would be inclined to make a complaint to the ICO about the store's position and breach of your rights. Equally, I would be inclined to write back to the store and put them on notice that you have submitted your complaint due to their breach of obligations and whilst waiting for the outcome of that complaint, the store should retain a copy of the CCTV in question until all avenues have been exhausted including, if necessary, legal proceedings to seek an order to hand over the CCTV.

You should also make the store aware of Section 173 as above and if they do any of the above then they may be committng a criminal offence and you reserve your right to pursue further action.

[H20]

Many thanks. I will follow to the letter. So appreciated!