CCTV footage from a pub - how to obtain a copy?

Bogbrush

Hi all

Hope this is in the right part of the forum.

10 days ago a work colleague of mine was assaulted in a pub. It was reported to the police who made contact with the pub during the course of their investigation and the manager confirmed he had the footage. However, as the assailant admitted it, he was cautioned and I am not sure whether the police ever got hold of the footage - they told my friend they wouldn't need to view it if the assailant admitted it.

How can my friend get a cc of this footage? I have had a look on google and it talks about the making of a DPA Subject Access Request, but there seems to be mention of the pub being entitled to refuse it if the footage identifies people other than the victim and the assailant - which of course it will, the pub was crowded.

Any ideas?

Thanks

Bogbrush

bris

He can't because the identities of the other people will also need to be protected, the pub won't and don't have to edit it for your friend, only the police can view it.

Spicy_McHaggis

Why does you friend want a copy of it?

daytona0

Why do you want the footage if the guy has admitted it?

If something more sinister happened then ring up the police and tell them! Otherwise, simply accept the fact that they were in a pub and some trouble ensued (I wonder what may have been a possible catalyst for this....) and that the persons involved have been dealt with appropriately by the police.

halibut2209

Civil case?

LilElvis

halibut2209 wrote: »

Civil case?

The assailant has admitted guilt so no idea what need there would be for the footage, even if they are pursuing through the civil courts for any compensation for damages.

Leo2020

https://ico.org.uk/for-the-public/cctv/

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

"What should I do if the data includes information about other people?

Responding to a subject access request may involve providing information that relates both to the individual making the request and to another individual. The Act says you do not have to comply with the request if to do so would mean disclosing information about another individual who can be identified from that information, except where:

-the other individual has consented to the disclosure; or
-it is reasonable in all the circumstances to comply with the request without that individual’s consent.

So, although you may sometimes be able to disclose information relating to a third party, you need to decide whether it is appropriate to do so in each case. This decision will involve balancing the data subject’s right of access against the other individual’s rights in respect of their own personal data. If the other person consents to you disclosing the information about them, then it would be unreasonable not to do so. However, if there is no such consent, you must decide whether to disclose the information anyway."

The only thing you can do is put in a SAR and see what the pub decides to do.

Owain_Moneysaver

The pub can send the footage to a video processor who will blur out everyone else's faces. The pub may decide that if the camera only captured what you would have seen in the bar anyway that they don't need to do this. If they do choose to blur, they are responsible for the costs of doing so (and cannot refuse the access request on grounds of cost).

It is reasonable that they don't blur the assailant's face as you are already aware of the assailant's identity.

Money-Saving-King

Owain_Moneysaver wrote: »

The pub may decide that if the camera only captured what you would have seen in the bar anyway that they don't need to do this. If they do choose to blur, they are responsible for the costs of doing so (and cannot refuse the access request on grounds of cost).

The op's friend now seems to want it even though it is no longer needed by the police. So the need for it would be no more than a random person just wanting it for a random purpose like a student wanting for some project. If a random request for cctv is made I'd be very surprised if the pub have to give it out & also have to bare the costs of any processing.

If this was the case then I can see places no longer using cctv because of random costs involved when people want to see it.

Leo2020

Money-Saving-King wrote: »

The op's friend now seems to want it even though it is no longer needed by the police. So the need for it would be no more than a random person just wanting it for a random purpose like a student wanting for some project. If a random request for cctv is made I'd be very surprised if the pub have to give it out & also have to bare the costs of any processing.

If this was the case then I can see places no longer using cctv because of random costs involved when people want to see it.

Anyone can put in a SAR, whether it's for a civil case or even if it is just out of interest - the reason doesn't matter. There are reasons which an organisation can refuse to provide data, some of them can be found in this code of practice: https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

But they can't refuse just because it is a "random" request and the pub do have to bare the costs - however, they can charge up to £10 for processing the data.

Money-Saving-King

Leo2020 wrote: »

Anyone can put in a SAR, whether it's for a civil case or even if it is just out of interest - the reason doesn't matter. There are reasons which an organisation can refuse to provide data, some of them can be found in this code of practice: https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

But they can't refuse just because it is a "random" request and the pub do have to bare the costs - however, they can charge up to £10 for processing the data.

That's what I thought there was up to a £10 charge so basically they don't have to provide it for free, they can charge £10 if need to if the film needs some sort of processing.