Public access to state CCTV Footage

AllForIt

As per the thread title, can the public request access to CCTV footage. Either in the case that one has a valid reason for requesting it or does not.

TomOnBoard

AllForIt wrote: »

As per the thread title, can the public request access to CCTV footage. Either in the case that one has a valid reason for requesting it or does not.

A very good question...

Peregrinus

If the CCTV footage contains personal data relating to the person making the request, arguably, under the GDPR. But you'd need to look at the circumstances - e.g. does the footage also contain personal data relating to other people, who have a right not to have their personal data released?

If the CCTV footage doesn't contain personal data relating to yourself, then I think you'd struggle to find a legal basis for arguing that you had a right to see it. Freedom of Information, maybe?

bobbyss

Peregrinus wrote:

If the CCTV footage contains personal data relating to the person making the request, arguably, under the GDPR. But you'd need to look at the circumstances - e.g. does the footage also contain personal data relating to other people, who have a right not to have their personal data released?

Peregrinus wrote:

If the CCTV footage doesn't contain personal data relating to yourself, then I think you'd struggle to find a legal basis for arguing that you had a right to see it. Freedom of Information, maybe?

But if the footage is in a public place does that negate any data protection issues? There would be no expectation of privacy in a public place?

Maybe the OP is referring to, for example, footage of him walking down the street?

Peregrinus

bobbyss wrote: »

But if the footage is in a public place does that negate any data protection issues? There would be no expectation of privacy in a public place?

Maybe the OP is referring to, for example, footage of him walking down the street?

He talks about CCTV footage in general. Presumably, some of that is gathered in public places, like the street, and some from security cameras in government offices and the like.

The whole "expectation of privacy" issue is relevant to the question of whether the data can be gathered in the first place but, once it has been gathered and is being kept, the question is what can be done with it? And that's what GCPR deals with - the "processing" of data. "Expectation of privacy" isn't a relevant factor here.

Assuming the CCTV footage is "data", then releasing it to you would be a from of "processing" which is controlled by GDPR. If it is pesonal data relating to someone else, then releasing it to you does require either the consent of that person, or some other justification acceptable under GCPR. Does such a justification exist? That depends on what the data is, what it was gathered for in the first place, who you are, and why you want the data. So there will be no "one-size-fits-all" answer to this question.

It should be noted, though, that GDPR doesn't apply to the processing of personal data "by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security". So if what you're interested in obtaining is footage obtained by police cameras in public places, I don't think GCPR is going to be much help to you. It doesn't prevent the disclosure of the data, but equally it doesn't offer any basis for saying that you have a right to the data. It just doesn't apply at all.

Vetch

Peregrinus wrote: »

It should be noted, though, that GDPR doesn't apply to the processing of personal data "by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security". So if what you're interested in obtaining is footage obtained by police cameras in public places, I don't think GCPR is going to be much help to you. It doesn't prevent the disclosure of the data, but equally it doesn't offer any basis for saying that you have a right to the data. It just doesn't apply at all.

I haven't read it so don't know much about it but think there are some access rights, subject to exemptions, to data held by competent authorities under the Law Enforcement Directive / DPA 2018.

Riskymove

Data Protection Commissioner position

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

AllForIt

Riskymove wrote: »

Data Protection Commissioner position

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

Access Requests
Any person whose image is recorded on a CCTV system has a right to seek and be supplied with a copy of their own personal data from the footage. To exercise that right, a person must make an application in writing. The data controller may charge up to €6.35 for responding to such a request and must respond within 40 days.

When making an access request for CCTV footage, the requester should provide the data controller with a reasonable indication of the timeframe of the recording being sought - i.e. they should provide details of the approximate time and the specific date(s) on which their image was recorded. For example, it would not suffice for a requester to make a very general request saying that they want a copy of all CCTV footage held on them. Instead, it is necessary to specify that they are seeking a copy of all CCTV footage in relation to them which was recorded on a specific date between certain hours at a named location. Obviously, if the recording no longer exists on the date on which the data controller receives the access request, it will not be possible to get access to a copy. Requesters should be aware that CCTV footage is usually deleted within one month of being recorded.

Not sure going by the above if I could get what I want. I am looking for street footage up to 20 minutes before I would myself be in it. In any case I've left it a bit late. I'm surprised recordings are deleted as soon as a month. I do get that continuous recordings would require a vast amount of hard drive space when you consider all the cctv cams that exist.

Robbo

AllForIt wrote: »

Not sure going by the above if I could get what I want. I am looking for street footage up to 20 minutes before I would myself be in it. In any case I've left it a bit late. I'm surprised recordings are deleted as soon as a month. I do get that continuous recordings would require a vast amount of hard drive space when you consider all the cctv cams that exist.

If you're not on the footage, you have no dog in the personal data fight.

There's also no obligation on CCTV operators to retain footage in perpetuity. You can also amend the DPCs advice to read a fee of €0 and a timeframe of 30 days.

dartboardio

I presume you could, no?

There’s public cctv footage easy accessible online of temple bar 24 hours and on the mall in Waterford actually. Like a live cam. So I don’t see why not

testicles

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dartboardio

Yes how is cctv any different from those live cams they have of streets in cities around the world? All you need to do is type into google temple bar live cam and you can watch everyone right now.

angel eyes 2012

Riskymove wrote: »

Data Protection Commissioner position

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

That guidance is pre GDPR effective date. Subject Access Requests must be dealt with within 1 calendar month now. The Data Protection Commission (new title) has yet to issue updated guidance in relation to CCTV. We are winging it somewhat without it. Don't have technology to issue footage without pixelating images of other data subjects. We have to order new signage. All massive expenditure.

Victor

dartboardio wrote: »

Yes how is cctv any different from those live cams they have of streets in cities around the world?

Those are generally fixed-direction, fixed-zoom, low-quality images or video.

From time to time, council or Garda cameras are used to zoom in on incidents and/or individuals. Those involved have a reduced, but still present right of privacy, e.g. someone receiving medical attention.

Additionally, the Garda is entitled to not have criminals profile their use of CCTV.