Data Protection and who it applies to

Recently was in a bar and was removed from the premises being told that I was on CCTV instigating a fight. When I questioned the bar and requested to see the apparent footage I was told that I wasn't entitled to view CCTV footage (despite me being the subject of said footage). I went to the guards for some advice and was told that because the bar is a private residence that they don't have to show me CCTV footage.

This whole situation is really confusing me as surely anyone obtaining personal information should be subject to the Data Protection Act and have to comply with requests for access but is there a section of the law which I am misinterpreting and are bars exempt from the act even if they operate CCTV?

Has anyone had any similar experience requesting to see CCTV footage and being denied in this way?

professore

Talk to a solicitor.

Robbo

The bar and the Gardai are wrong. You have a very strong right in this instance to a copy of the footage.

fred funk }{

You have a right to the footage. Your request must be reasonable and not demand 8 hours of footage but be precise with time/date. There should be someone in the bar who is the controller of the CCTV and it is their job to fulfil your request.

Fred Swanson

This post has been deleted.

lifeandtimes

Fred Swanson wrote: »

They may well have deleted the footage by now.

And what are the implications for this?

Claw Hammer

fred funk }{ wrote: »

You have a right to the footage. Your request must be reasonable and not demand 8 hours of footage but be precise with time/date. There should be someone in the bar who is the controller of the CCTV and it is their job to fulfil your request.

The o/p is entitled to make a Data Access request of all footage of himself in the possession of the licensee of the premises. He does not have to specify any time or date. He must pay the fee and the licensee has 40 days to give him the footage.

seamus

lifeandtimes wrote: »

And what are the implications for this?

None, probably. A data controller generally doesn't have to confirm with the subject of that data before it deletes it. If the CCTV is subject to a short retention period, so be it.

Victor

Claw Hammer wrote: »

The o/p is entitled to make a Data Access request of all footage of himself in the possession of the licensee of the premises. He does not have to specify any time or date.

There are however practicalities.

Mrs OBumble

Also, a pub is entitled to bar you for any reason other than the Big 9 anti-discrimination ones.

So they can say "You're barred 'cos you're ugly" if they so desire. Don't have to give a reason.

com1

Victor wrote: »

There are however practicalities.

Indeed, the requestor generally needs to indicate a timeframe for data requested rather than a blanket "gimme everything you have on me" type request


https://www.dataprotection.ie/docs/Data-Protection-CCTV/m/242.htm

(see under heading Access Requests)

lifeandtimes

Mrs OBumble wrote: »

So they can say "You're barred 'cos you're ugly" if they so desire. Don't have to give a reason.

Depends on the ugly.

If someone is facially disfigured this is considered a disability.

Lots of cases/research of people with these disfigurements not being hired and as such can sue based on this. Same COULD be said for being barred because you're ugly