Data protection Act

ethan · 11 Jul 2018 at 15:29

Does anybody know if the recent changes in general data protection would support me in forcing the owners of a car park in which I recently had a motor vehicle accident on, to provide me with the CCTV?
Four times in two weeks I have asked the manager of the car park for the footage and I feel like I'm being given the "run-around". Thanks

Edit: After some reading I have made it formal with a Service Access Request in which they have forty days to comply.

SexyGreyFox · 11 Jul 2018 at 22:59

Yes it is your right and the department I work in have 30 days to comply to requests but it used to be 40.

ethan · 11 Jul 2018 at 23:28

Thanks for the reply. I wish I had realised this two weeks ago.

ethan · 12 Jul 2018 at 10:37

Their reply:

Good morning,

We can only accept such requests from the police directly due to data protection. We advise you to report this issue to the authorities and they may formally obtain the data from us.
Please note that we only operate with ANPR cameras not CCTV.

There's CCTV all over the place. The manager previously told me he was sending an engineer out to get it and the data though it never arrived. The Data Protection Act guarantee s me access to any information regarding my interaction with people as long as it is/can be classed as legal, legitimate and fair. The car park states its covered by CCTV on posters situated throughout and there is a 360 degree camera with two traditional cameras sixty feet from where I was parked. The ANPR camera is on the entrance/exit.

ahar · 12 Jul 2018 at 10:46

Check their registration with the ICO. That should state what data they collect and for what purpose. If they collect CCTV then it should say that.

If they do collect CCTV then ping them a subject access request, and if they refuse it escalate to the ico

ethan · 12 Jul 2018 at 10:57

There are posters around the car park stating it is covered by CCTV. I've previously spoken to their site manager who told me he requested an engineer to go and get it. When it didn't arrive, the manager for that site stated he would chase it up. What's an ico and how do you contact them?

Josh · 12 Jul 2018 at 11:08

ICO is the information commissioners office.

The CCTV bit is probably most relevant for you

ethan · 12 Jul 2018 at 11:49

OK Thanks

ethan · 12 Jul 2018 at 16:48

They are now trying to claim they will not provide me with the CCTV because it involves somebody else and that I should get the insurance do it on my behalf (who do not want to). What the Heck is the point of having CCTV if you are not open to share it? The whole point of the new Data Protection Act is to guarantee you access to data concerning yourself including the way you may have interacted with somebody when evidenced by a direct causal link. Initially they suggested I go through the police who will not get involved due to no crime being committed. Chances are I'm going to operate at a financial loss due to their unwillingness to provide me with evidence I'm entitled to.
It's like pulling teeth but this is my last and latest response:

Thank you for your reply. I understand that you are not deliberately trying to be difficult and that your reluctance to provide me with the information/footage I require stems from your misunderstanding and misinterpretation of the Data Protection Act 2018.

Nevertheless, the Act quite clearly stipulates that it also covers the interaction of persons/namely myself in relation to the other people involved when requesting the footage, and that in refusing to supply it you are not only in breach of the Subject Access Request but the the thirty days in which the law requires you to comply.

It also appears that everytime you responded in your previous emails you have given a different set of irrelevant reasons for the non-compliance of the Act? For example you suggested I contact the police and more recently the insurance despite the fact the police will not intervene since no crime was committed? You really need to read the Data Protection Act of May 2018 if not done so already because its personal/cival matter covered by it.

I'm not going to go into further examples why you are in breach but to avoid any further confusion I will be providing this email along with your previous responses to the Information Commission Officers for Data Protection in the UK to get them to deal with you direct.

ubersonic · 12 Jul 2018 at 16:57

Get back onto the police and tell them to do their damn job, if somebody has driven into you and then drove off that is a crime (hit and run), if somebody has driven into you and is telling the insurance that they didn't and that you in fact drove into them that is a crime (fraud). Whichever it was a crime has been committed and the CCTV evidence is required to bring the guilty to justice, they need to stop eating doughnuts and get to work (don't phrase it exactly like that).

ahar · 12 Jul 2018 at 20:54

Good response. If you don't get further grass them up to the ICO

PapaLazaru · 12 Jul 2018 at 21:07

ethan said:
They are now trying to claim they will not provide me with the CCTV because it involves somebody else

This is correct. You can request data solely about yourself, but as soon as it involves a third party, you are essentially asking for their data as well, which you can't have. Unless the Police request it of course.

ahar · 13 Jul 2018 at 07:17

PapaLazaru said:
This is correct. .

Not correct. They have to make reasonable efforts to provide you the data, which may include blurring or cutting out other people .Just because there are others in the footage doesn't provide a blanket reason not to provide it.

I'm the DPO at a school with CCTV and we've been looking into this. The guidance is that while that may have been the case in the past it is no longer the case under the GDPR regs.

PapaLazaru · 13 Jul 2018 at 12:26

ahar said:
Not correct. They have to make reasonable efforts to provide you the data, which may include blurring or cutting out other people .Just because there are others in the footage doesn't provide a blanket reason not to provide it.

I'm the DPO at a school with CCTV and we've been looking into this. The guidance is that while that may have been the case in the past it is no longer the case under the GDPR regs.

You missed the point, the OP needs the third party data, that is why they have asked for it.

ahar · 13 Jul 2018 at 16:04

OP hasn't specified exactly what he's after, just said he had an accident. If its a pic of someone else in a car or their numberplate, then no. If it has no identifying information and still useful (e.g. blurred out numberplate and pic of other driver but shows other car ramming him) then it should be fine.

ethan · 13 Jul 2018 at 18:13

To add to this I already possess the name of the person driving the other vehicle and its registration. What I specifically require is simply the footage of the vehicle reversing some twenty foot and hitting me in the side. I don't need any info about the individual despite the car park owners stating I needed to contact the police (which I did who indicated they were not interested) . I also contacted my insurance to request the footage but they said it was up to me. I contacted the site manager in charge of the CCTV four times who said he would provide it and chase it up, which he didn't or was stopped. The car park company then said they didn't use CCTV but APNR despite the fact there is four CCTV cameras with two 360 degree cameras and four metalic signs stating they do for safety and the prevention of crime. The APNR is on the entrance and exit in addition.

When requesting information with involves other people, the Act stipulates you have to show it is legitimate/legal and fair. The subject access request for this data is not an issue except for when you get clods who think otherwise.

If I am to be out of pocket due to them being in breach of the law, I shall be looking to recuperate all costs through them. They call themselves Creative Car Parks?