CCTV thoughts

Thoie

You often hear stories about "something happened, blah blah, I asked the lads in security and they did/didn't let me look at the CCTV footage".

Are there any laws about who can/can't access CCTV footage taken in a private area - say a supermarket or an office? Is it only gardaí can request to see it, and the times when other people see it is just someone doing a favour? Or does anyone have a right to request to see footage for a particular time/place?

Hooch

Thoie wrote: »

You often hear stories about "something happened, blah blah, I asked the lads in security and they did/didn't let me look at the CCTV footage".

Are there any laws about who can/can't access CCTV footage taken in a private area - say a supermarket or an office? Is it only gardaí can request to see it, and the times when other people see it is just someone doing a favour? Or does anyone have a right to request to see footage for a particular time/place?

I believe that anyone can request to see CCTV, but a court order would be needed to get it from the owner if they refused your request. This would IMO be to privacy issued for customers etc.

The Gardaí on the other hand are give CCTV if it involves a criminal investigation. Also a lot of night clubs and pubs are now only getting licences if they agree to put in CCTV and allow Gardaí reasonable access to it.

Our man in Havana

Strictly speaking the Gardaí are not entitled to see any footage. The person holding the footage could tell them to go away. The Gardaí would then need a court order to get the footage.

oceallachain

Bond-007 wrote: »

Strictly speaking the Gardaí are not entitled to see any footage. The person holding the footage could tell them to go away. The Gardaí would then need a court order to get the footage.

generally licences are issued to pubs/clubs on basis that
1. they will have cctv
2. they will give gardai full access to it
so if they don't give it to gardai they are in contravention of a court order.

other premises only have to give it to gardai if they obtain a warrant under section 10.

civilians would have to go to civil court and subpoena the cctv.

Victor

Bond-007 wrote: »

Strictly speaking the Gardaí are not entitled to see any footage. The person holding the footage could tell them to go away. The Gardaí would then need a court order to get the footage.

Not CCTV, but press photographers and camera men.

Press: No way are you getting our footage, without a court order.
RTÉ: Sure you can get our footage, with a court order.

Subtley the same.

murrayp4

oceallachain wrote: »

generally licences are issued to pubs/clubs on basis that
1. they will have cctv
2. they will give gardai full access to it
so if they don't give it to gardai they are in contravention of a court order.

other premises only have to give it to gardai if they obtain a warrant under section 10.

civilians would have to go to civil court and subpoena the cctv.

The law as it stands at the moment is that if a pub wants to apply for a bar extension (late licence or SEO) it must have CCTV on the premises and must agree to allow Gardaí access to footage if it is requested. It does not apply to bars which trade within 'ordinary' hours.

McCrack

Do Gardai not have a statutory power anyway to seize anything they reasonably consider of evidential value in the investigation of crimes including CCTV?

I thought I read an Act somewhere saying they could.

Hooch

McCrack wrote: »

Do Gardai not have a statutory power anyway to seize anything they reasonably consider of evidential value in the investigation of crimes including CCTV?

I thought I read an Act somewhere saying they could.

I thought we did.......

That was part one of my post....second one seems right though thank god!!!

GerardKeating

McCrack wrote: »

Do Gardai not have a statutory power anyway to seize anything they reasonably consider of evidential value in the investigation of crimes including CCTV?

I thought I read an Act somewhere saying they could.

I would imagine any such power would have problems with the constitutional provisions for private property.

Even demanding copies might be covered, if the owners clamed copyright over the contents of the tapes.

Mbyte

As far as I was told if you didn't give permission to be filmed then you can tell then you are allowed to see the footage if you request.

cushtac

McCrack wrote: »

Do Gardai not have a statutory power anyway to seize anything they reasonably consider of evidential value in the investigation of crimes including CCTV?

I thought I read an Act somewhere saying they could.

Sec 7 Criminal Justice Act 2006