Data protection - access by defendant to CCTV they dont own and are'nt pictured in

[Damien1985]

Firstly I'm new so Hi folks and thanks in advance for any help given!

I would like to know about how an individual is protected by the data protection act in this case.

Basically if a claim was being made against a local council for compensation in a personal injury case, would they (the council) be able to access a third party's CCTV footage in order to review the accident and see what had happened?

Bearing in mind they (nobody from the council) are not in the footage directly, would the individual be able to prevent them from getting hold of the CCTV footage on the basis that the individual (claimee) is in the footage and he/she is protected by data protection? or in a civil matter such as this, could the defending solicitors demand that the CCTV footage be handed over by the third party?

thanks again,
Damien.

[charitynjw]

Re: Data protection - access by defendant to CCTV they dont own and are'nt pictured i

Firstly I'm new so Hi folks and thanks in advance for any help given!

I would like to know about how an individual is protected by the data protection act in this case.

Basically if a claim was being made against a local council for compensation in a personal injury case, would they (the council) be able to access a third party's CCTV footage in order to review the accident and see what had happened?

Bearing in mind they (nobody from the council) are not in the footage directly, would the individual be able to prevent them from getting hold of the CCTV footage on the basis that the individual (claimee) is in the footage and he/she is protected by data protection? or in a civil matter such as this, could the defending solicitors demand that the CCTV footage be handed over by the third party?

thanks again,
Damien.

Hi Damien, & welcome to Legal Beagles.

A question for you first.

Why would this person wish to prevent a viewing?
Seems pretty suspicious to me.

In answer to your question, you can download the information from the ICO here http://www.ico.org.uk/for_the_public...INAL_2301.ashx
Section 8.2 (Disclosure) seems to be relevant

[Inca]

Re: Data protection - access by defendant to CCTV they dont own and are'nt pictured i

I don't know the correct answer to this,I'll let other Beagles advise you accordingly but if there is CCTV of an incident,regardless of who is/isn't in it ,,then surely it must be made available to all parties?
Why would the person claiming the compo NOT want it seen

[charitynjw]

Re: Data protection - access by defendant to CCTV they dont own and are'nt pictured i

I don't know the correct answer to this,I'll let other Beagles advise you accordingly but if there is CCTV of an incident,regardless of who is/isn't in it ,,then surely it must be made available to all parties?
Why would the person claiming the compo NOT want it seen

-What's that they say about great minds, Inca!

[wales01man]

Re: Data protection - access by defendant to CCTV they dont own and are'nt pictured i

Methinks its a bit dodgy? the CCTV footage would show the incident and be evidence unless it never happened

[bluebottle]

Re: Data protection - access by defendant to CCTV they dont own and are'nt pictured i

Civil Procedures Rules supersede (overrule) the Data Protection Act.