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CCTV footage request - Data Protection Act

  • 11-12-2018 10:57pm
    #1
    derek214
    Registered Users Posts: 121 ✭✭


    Hi folks,

    Have a couple of questions around the data protection act as it pertains to CCTV footage requests.

    As I understand it, I am entitled to make a "reasonable" request for a copy of any CCTV footage that would contain my own personal data.

    "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."

    So here are my questions?

    Is it limited to images of my person?
    My wallet for example would contain data of me. Could I request footage of it on the table of a bar for example for a period of an hour when it was stolen?
    Equally, a coat on the back of a chair that was stolen could also contain personal data?

    Thanks,
    Derek


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    derek214 wrote: »
    Hi folks,

    Have a couple of questions around the data protection act as it pertains to CCTV footage requests.

    As I understand it, I am entitled to make a "reasonable" request for a copy of any CCTV footage that would contain my own personal data.

    "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."

    So here are my questions?

    Is it limited to images of my person?
    My wallet for example would contain data of me. Could I request footage of it on the table of a bar for example for a period of an hour when it was stolen?
    Equally, a coat on the back of a chair that was stolen could also contain personal data?

    Thanks,
    Derek

    Personal data is anything which identifies the person. A wallet doesn't identify you unless your name is written on the outside of it and it is legible in the images. A car reg no. might identify you and would be personal data.


  • #3
    twowheelsonly
    Registered Users, Registered Users 2 Posts: 2,270 ✭✭✭twowheelsonly


    If you are in the footage at all times then yes, you can request it.
    However, anyone else in the footage would have to be redacted (blurred out) so the footage would be of little use to you in this instance other than to prove that you were there and your wallet and coat were there. It may show them being taken but not the person who took them.
    Gardaí can request the full unredacted footage if it involves a crime taking place.


    BTW, (not applicable in this instance but for future reference, should the need ever arise) in most cases you can't just ask a data controller for "all the footage you have of me" or even "all the footage you have of me last week". You have to give times and dates that you're likely to have been caught on camera - e.g. last Tuesday between 2 and 2:30.


  • #4
    harr
    Registered Users, Registered Users 2 Posts: 4,485 ✭✭✭harr


    Quick question.. friends had a similar issue a while back , shopping was nicked from car at a garage. Garage in question was happy to show guards the footage but because other people unknown to the garage owners were in footage they said they couldn’t supply a copy of the CCTV to my friends unless concent was got from other customers.
    So going by above the shop were correct?

    Turned out ok , guards viewed the footage and were able to identify the person responsible.


  • #5
    twowheelsonly
    Registered Users, Registered Users 2 Posts: 2,270 ✭✭✭twowheelsonly


    harr wrote: »
    Quick question.. friends had a similar issue a while back , shopping was nicked from car at a garage. Garage in question was happy to show guards the footage but because other people unknown to the garage owners were in footage they said they couldn’t supply a copy of the CCTV to my friends unless concent was got from other customers.
    So going by above the shop were correct?

    Turned out ok , guards viewed the footage and were able to identify the person responsible.


    That's correct. Can't just show it to anyone that asks. Gardaí can request it and will see the full footage but anyone else gets the redacted footage - even if it's the criminals that are redacted !! Not all companies will have the capability to do this so in that instance the Gardaí are usually asked to take a look.


  • #6
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    4ensic15 wrote: »
    Personal data is anything which identifies the person. A wallet doesn't identify you unless your name is written on the outside of it and it is legible in the images. A car reg no. might identify you and would be personal data.

    'Personal data' means any information relating to an identified or identifiable natural person according to the gdpr, so a wallet may be


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  • #7
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,690 ✭✭✭✭Peregrinus


    But the data we're looking at here is not the wallet; still less the contents of the wallet. It's an image of the wallet lying on a table. Unless there's something in that image which relates it to the owner of the wallet, which strikes me as unlikely, I don't think the image is "personal data".


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