Obtaining cctv of you from a shop - subway

Pimpslider

Hello...

I was wondering if anyone knows the laws on getting CCTV footage of you from a shop?

I was in Subway last Friday (12th March), around 11:30pm. After paying for my Sub I left. Then realised that I had lost £55 in cash! It must have slipped out my pocket when I paid and put back my money. I distinctly remember the Security Guard in there walking close behind me just prior to me paying. I went in there the next day and asked, but nothing had been handed in. I left my name, number, time I was there and amount of cash lost. I explained that if it had be a pound coin I probably wouldn't have bothered...but £55 is £55!!!

I've also emailed Subway and they said they would "Look into it".

Can I legally get CCTV footage to see if the money was picked up?

I'm not sure if this is the right section to be posting in, so I apologise in advance if it is wrong.

Jakg

No you cannot.

The police can, though.

pulliptears

Jakg wrote: »

No you cannot.

The police can, though.

I dont think thats right.

If memory serves (and I'm sure someone more knowledgeable will be here shortly) you can use a subject access request, under the data protection act, though you may be charged a nominal fee.

Pimpslider

Thanks guys...found this...but I think I'll need to quote some 'Act' of sorts to get the ball rolling.

9.2 Subject access requests


Individuals whose images are recorded have a right to view the images of themselves and, unless they agree otherwise, to be provided with a copy of the images. This must be provided within 40 calendar days of receiving a request. You may charge a fee of up to £10 (this is the current statutory maximum set by Parliament). Those who request access must provide you with details which allow you to identify them as the subject of the images and also to locate the images on your system. You should consider:

• How will the staff involved in operating the CCTV system recognise a subject access request?
• Do you have internal procedures in place for handling subject access requests? This could include keeping a log of the requests received and how they were dealt with, in case you are challenged.

A clearly documented process will also help guide individuals through such requests. This should make it clear what an individual needs to supply. You should decide:

• What details will you need to find the images? Is it made clear whether an individual will need to supply a photograph of themselves or a description of what they were wearing at the time they believe they were caught on the system, to aid identification?
• Is it made clear whether details of the date, time and location are required?
• What fee will you charge for supplying the requested images (up to a maximum of £10) and how should it be paid? Make this clear to people making access requests.
• How will you provide an individual with copies of the images?

If images of third parties are also shown with the images of the person who has made the access request, you must consider whether you need to obscure the images of third parties. If providing these images would involve an unfair intrusion into the privacy of the third party, or cause unwarranted harm or distress, then they should be obscured. In many cases, images can be disclosed as there will not be such intrusion.


Example: A public space CCTV camera records people walking down the street and going about their ordinary business. Where nothing untoward has occurred, this can be released without editing out third party images.

Example: Images show the individual who has made the request with a group of friends, waving at a camera in the town centre. There is little expectation of privacy and the person making the request already knows their friends were there. It is likely to be fair to release the image to the requester without editing out the faces of their friends.

Example: Images show a waiting room in a doctor’s surgery. Individuals have a high expectation of privacy and confidentiality. Images of third parties should be redacted (blurred or removed) before release.


Where you decide that third parties should not be identifiable, then you will need to make arrangements to disguise or blur the images in question. It may be necessary to contract this work out to another organisation. Where this occurs, you will need to have a written contract with the processor which specifies exactly how the information is to be used and provides you with explicit security guarantees.

triticale

pulliptears wrote: »

I dont think thats right.

If memory serves (and I'm sure someone more knowledgeable will be here shortly) you can use a subject access request, under the data protection act, though you may be charged a nominal fee.

DPA in this case doesn't apply to private businesses, only public bodies.

I'm afraid Subway don't have to let you see the footage.

Pimpslider

[FONT=Arial,Italic][FONT=Arial,Italic]Surely...."The [/FONT][/FONT][FONT=Arial,BoldItalic][FONT=Arial,BoldItalic]Data Protection Act [1998] [/FONT][/FONT][FONT=Arial,Italic][FONT=Arial,Italic]allows an individual to have the right to access data held about themself". This must surely relate to a business as well.

[/FONT][/FONT][FONT=Arial,Italic][FONT=Arial,Italic]I'll just keep on at Subway and quote the DPA (1998)...Simples!![/FONT][/FONT]

custardy

i doubt CCTV comes under this
anyway all the franchise holder would have to say it they deleted the video

dmg24

triticale wrote: »

DPA in this case doesn't apply to private businesses, only public bodies.

I'm afraid Subway don't have to let you see the footage.

The DPA applies to private organisations as well as public ones. You are thinking of the FOIA.

Pimpslider

So, in theory, I can request it.

Just found this on the Subway website...

"You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact the Privacy Officer as described below in "Contact Information".

dmg24

Pimpslider wrote: »

So, in theory, I can request it.

Just found this on the Subway website...

"You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact the Privacy Officer as described below in "Contact Information".

You can request it. However, as custardy has mentioned, there is no guarantee that they will still have the recording. Also, there is nothing to stop them editing the recording to only show you (possibly even by providing you with prints rather than the recording), and no one else in the vicinity.

jacktyler

yes, you can request it. the quote you gave earlier is from the information commissioner's office CCTV code of practice document.

in section 3, what this code covers, it clearly states:

This code covers the use of CCTV and other systems which capture images of identifiable individuals or information relating to individuals for any of the following purposes:

• Seeing what an individual is doing, for example monitoring them in a shop or walking down the street.