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Laws for keeping CCTV?

Are there any laws, or guidelines or codes of practice that state how long the original CCTV footage should be held for, especially when being leverage as evidence to fine people?

Example.

In relation to another thread, ANPR and CCTV log a vehicle entering and exiting a car park twice.

The company takes the first entry and last exit as grounds for their charge, taking stills from the CCTV as evidence.

Obviously these will be held on file with the claim AT LEAST until the claim is settled or rejected.

However, what about the original footage?

How long must they keep that if the claim is challenged and that there should be further instances of the vehicle being caught on camera?
Not as green as I am cabbage looking
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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Cmdr_Bond wrote: »
    Are there any laws, or guidelines or codes of practice that state how long the original CCTV footage should be held for, especially when being leverage as evidence to fine people?

    Example.

    In relation to another thread, ANPR and CCTV log a vehicle entering and exiting a car park twice.

    The company takes the first entry and last exit as grounds for their charge, taking stills from the CCTV as evidence.

    Obviously these will be held on file with the claim AT LEAST until the claim is settled or rejected.

    However, what about the original footage?

    How long must they keep that if the claim is challenged and that there should be further instances of the vehicle being caught on camera?

    Why do you think they have stills from CCTV ?
    It is the flawed ANPR THAT CREATES double dipping and takes the pictures
  • beamerguy wrote: »
    Why do you think they have stills from CCTV ?
    It is the flawed ANPR THAT CREATES double dipping and takes the pictures

    Whatever the system and no matter how flawed, my first question still stands.

    If the system is capable of catching one instance, is capable of catching another.

    Whether it does or not is, right now, irrelevant to me.

    I just want to know if there is a minimum amount of time they HAVE to store the data for, whether it be purely ANPR or cctv as well.
    Not as green as I am cabbage looking
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 September 2016 at 4:11PM
    in my opinion HIGHVIEW do not use CCTV so its a moot point

    they use ANPR which is totally different as BG pointed out

    you can see this on the BPA AOS list , where it says YES to ANPR
    CCTV isnt even a category , so clearly its not allowed under the CoP

    I would think that they can keep the photos as long as they like , but possibly would have to destroy them after 7 years under the DPA, besides which the 6 year court deadline means its pointless keeping them longer

    I believe that you mentioning CCTV is clouding the actual issue and actual question that you appear to be raising

    I believe a lot of people either assume CCTV is being used , when its ANPR , and they dont understand the difference , nor its licensing or how and when it can be used

    the government banned its use by councils recently , apart from in a few small areas like near schools (MP Pickles was instrumental in that)

    to my knowledge there are no laws on its use on private land , but I suspect that it may need to be licensed and I do not believe it is admissable in court or popla for private pcn,s anyway

    if I am wrong , I am happy to be corrected, but I have been coming here for over 4 years and never seen ONE instance of CCTV monitoring

    private parking is an unregulated industry , save for laws on contracts and POFA2012 , which is why we have been campaigning for years to get it regulated, we are still awaiting the DCLG on this aspect
  • OK. Thank you for the clarification, and my apologies if I have clouded the issue with the wrong terminology.

    I'll try again.

    If the system is working correctly, it should record every entry and exit.

    Regardless of whether or not they declare the intermediate entry and exits, they SHOULD be recorded.

    So the question then is, how long should the NON ACTIONED days be stored for before being overwritten/deleted.

    Whilst there may be no specific law, are there any guidelines on this?

    This may be naive of me, but surely they SHOULD keep all this data for a certain period so it can be checked in the event of a challenge?
    Not as green as I am cabbage looking
  • Castle wrote: »

    Thanks, I'll read that when i get a chance.
    Not as green as I am cabbage looking
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 September 2016 at 4:27PM
    read this ANPR explanation posted by parking prankster 2.5 years ago

    http://parking-prankster.blogspot.co.uk/2014/02/how-parking-operators-use-anpr.html

    some more guidance here too

    http://www.parkingcowboys.co.uk/anpr-parking-tickets/
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Cmdr_Bond wrote: »
    OK. Thank you for the clarification, and my apologies if I have clouded the issue with the wrong terminology.

    I'll try again.

    If the system is working correctly, it should record every entry and exit.

    Regardless of whether or not they declare the intermediate entry and exits, they SHOULD be recorded.

    So the question then is, how long should the NON ACTIONED days be stored for before being overwritten/deleted.

    Whilst there may be no specific law, are there any guidelines on this?

    This may be naive of me, but surely they SHOULD keep all this data for a certain period so it can be checked in the event of a challenge?

    according to this link http://www.cctv-information.co.uk/i/ANPR_Data_Protection_Act_Compliance the DPA laws apply

    it is clear that companies like Excel and VCS are hounding people over tickets that are almost 6 years old, so presumably have kept the data from the daily logs for all of that time

    I assume they just keep all the data regardless due to the 6 year statute on small claims , destroying after the 7 year target has elapsed , hence the last minute letters going out (for both reasons)

    I would say that they have actioned pcn,s every day, so will keep the data regardless
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Cmdr_Bond wrote: »
    If the system is working correctly, it should record every entry and exit.

    Regardless of whether or not they declare the intermediate entry and exits, they SHOULD be recorded.

    So the question then is, how long should the NON ACTIONED days be stored for before being overwritten/deleted.

    Whilst there may be no specific law, are there any guidelines on this?

    This may be naive of me, but surely they SHOULD keep all this data for a certain period so it can be checked in the event of a challenge?

    ANPR is a system that sends the data to a main control centre.
    Couple to this that the main centre will have logs covering the activity of a camera on a daily basis.
    With so called double dipping the operator either ignores a request for the logs or refuses to send it.

    ANPR is a well known flawed system proven many times and the operator must provide such information if they are to prove their case. A simple parking ticket does not prove their case unless they can provide the logs for that day.

    How long they keep the info is unknown
  • Umkomaas
    Umkomaas Posts: 43,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to take this up with the ICO for a definitive answer. Generally speaking the private parking skimdustry is unregulated, where it suits, rules are ignored (the Codes of Practice and PoFA are classic examples), so I don't expect ANPR rules are likely to be treated any differently.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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