Subject Access Request denied

retiredbanker1

CCTV footage belongs to the retailer in this case the McDonalds franchise.

You have no right to get any footage without a court order (unless they volunteer to share with you - I see here they have not).

Go to a solicitor and ask them how much it will cost you to get such an order.

If they don't laugh you out of their office prepare to have deep pockets to pay.

Grumpy_chap

onedaymyfriend said:

Good evening guys, I'm after a little advice.

Our 4yr old son slipped on a wet floor (freshly moped) in McDonalds and ended up with a bruised face. There were no wet floor signs in our vicinity. I sent a SAR to customer service, who forwarded it on to the store. The stores reply is below. 

In response to your Subject Access Request, please note that we are unable to supply copies of CCTV footage. However, you are welcome to attend the restaurant to view the relevant footage in person as part of the DSAR process. Any viewing would take place by appointment, with a member of our management team present at all times. Recording, photographing, or otherwise copying the footage would not be permitted.

Alternatively, if you would prefer, we are able to provide a written description of the relevant footage for your review.

I believe that the store is negligent, is there anything I can do re their response?

Thank you as always.

The store seem to have made a perfectly adequate offer to allow you to view the footage.  Why can't you take them up on this?

Young boy slips and bruises face.
What injury has actually been suffered?
Did he have to visit A&E?

What outcome are you after?

Andy_L

retiredbanker1 said:

CCTV footage belongs to the retailer in this case the McDonalds franchise.

You have no right to get any footage without a court order (unless they volunteer to share with you - I see here they have not).

Go to a solicitor and ask them how much it will cost you to get such an order.

If they don't laugh you out of their office prepare to have deep pockets to pay.

User1977's link says otherwise 

"You have the right to request CCTV footage of yourself...

Tell them you’re requesting information held about you under data protection law. The Information Commissioner’s Office (ICO) has guidance about getting copies of your personal data."

itsthelittlethings

Andy_L said:

retiredbanker1 said:

CCTV footage belongs to the retailer in this case the McDonalds franchise.

You have no right to get any footage without a court order (unless they volunteer to share with you - I see here they have not).

Go to a solicitor and ask them how much it will cost you to get such an order.

If they don't laugh you out of their office prepare to have deep pockets to pay.

User1977's link says otherwise 

"You have the right to request CCTV footage of yourself...

Tell them you’re requesting information held about you under data protection law. The Information Commissioner’s Office (ICO) has guidance about getting copies of your personal data."

You have the right to request it - not sure that's the same as the absolute right to have it.

the_lunatic_is_in_my_head

Chief_of_Staffy said:

Give it up. You have zero chance of getting a penny, and rightly so.

https://www.thompsons.law/support/legal-guides/claiming-for-slips-and-falls-on-wet-floors

Owners of public places, such as restaurants, have a duty of care to make sure their premises are reasonably safe under the Occupiers' Liability Act 1957. Therefore, if you were injured after slipping on a wet floor because a spillage was not cleaned up or signposted within a reasonable timeframe, you may have a valid case to claim for compensation.

This means that if you’ve slipped on a wet floor inside premises operated by an organisation that hasn’t tried to protect or warn you of the danger, you may be able to make a claim against that company.

Andy_L said:

User1977's link says otherwise 

Threads like this always attract comments from people who don't link the general concept of personal injury claims or "compensation culture", as such comments are biased I wouldn't trust what they say without something of substance to support them.

OP your best course of action is likely to seek professional advice whilst noting the comments from A_Geordie as well as the link from User1977 which itself links to the ICO guidance. 

user1977

itsthelittlethings said:

Andy_L said:

retiredbanker1 said:

CCTV footage belongs to the retailer in this case the McDonalds franchise.

You have no right to get any footage without a court order (unless they volunteer to share with you - I see here they have not).

Go to a solicitor and ask them how much it will cost you to get such an order.

If they don't laugh you out of their office prepare to have deep pockets to pay.

User1977's link says otherwise 

"You have the right to request CCTV footage of yourself...

Tell them you’re requesting information held about you under data protection law. The Information Commissioner’s Office (ICO) has guidance about getting copies of your personal data."

You have the right to request it - not sure that's the same as the absolute right to have it.

You do, subject to the caveats mentioned in that advice. It's the same principle as any other type of personal data.

MattMattMattUK

The question has been asked, but not answered by the OP, how much "compensation" are you after? Best case scenario is you get a "gesture of good will" of a Happy Meal, though legally I cannot see how you would be entitled to anything.

Chief_of_Staffy

the_lunatic_is_in_my_head said:

Chief_of_Staffy said:

Give it up. You have zero chance of getting a penny, and rightly so.

https://www.thompsons.law/support/legal-guides/claiming-for-slips-and-falls-on-wet-floors

Owners of public places, such as restaurants, have a duty of care to make sure their premises are reasonably safe under the Occupiers' Liability Act 1957. Therefore, if you were injured after slipping on a wet floor because a spillage was not cleaned up or signposted within a reasonable timeframe, you may have a valid case to claim for compensation.

This means that if you’ve slipped on a wet floor inside premises operated by an organisation that hasn’t tried to protect or warn you of the danger, you may be able to make a claim against that company.

Andy_L said:

User1977's link says otherwise 

Threads like this always attract comments from people who don't link the general concept of personal injury claims or "compensation culture"

So by extension there are people who do like compensation culture? They do like the extra costs added to their purchases and services and the added restrictions on their daily lives? Interesting.

the_lunatic_is_in_my_head

Chief_of_Staffy said:

the_lunatic_is_in_my_head said:

Chief_of_Staffy said:

Give it up. You have zero chance of getting a penny, and rightly so.

https://www.thompsons.law/support/legal-guides/claiming-for-slips-and-falls-on-wet-floors

Owners of public places, such as restaurants, have a duty of care to make sure their premises are reasonably safe under the Occupiers' Liability Act 1957. Therefore, if you were injured after slipping on a wet floor because a spillage was not cleaned up or signposted within a reasonable timeframe, you may have a valid case to claim for compensation.

This means that if you’ve slipped on a wet floor inside premises operated by an organisation that hasn’t tried to protect or warn you of the danger, you may be able to make a claim against that company.

Andy_L said:

User1977's link says otherwise 

Threads like this always attract comments from people who don't link the general concept of personal injury claims or "compensation culture"

So by extension there are people who do like compensation culture? They do like the extra costs added to their purchases and services and the added restrictions on their daily lives? Interesting.

The world runs on money and the financial penalty imposed provides a lot of safety when you are out and about in any public place (or workplace) but that's not really the point, OP asked about Data Protection rather than anyone's opinion of what they want it for. 

Chief_of_Staffy

the_lunatic_is_in_my_head said:

Chief_of_Staffy said:

the_lunatic_is_in_my_head said:

Chief_of_Staffy said:

Give it up. You have zero chance of getting a penny, and rightly so.

https://www.thompsons.law/support/legal-guides/claiming-for-slips-and-falls-on-wet-floors

Owners of public places, such as restaurants, have a duty of care to make sure their premises are reasonably safe under the Occupiers' Liability Act 1957. Therefore, if you were injured after slipping on a wet floor because a spillage was not cleaned up or signposted within a reasonable timeframe, you may have a valid case to claim for compensation.

This means that if you’ve slipped on a wet floor inside premises operated by an organisation that hasn’t tried to protect or warn you of the danger, you may be able to make a claim against that company.

Andy_L said:

User1977's link says otherwise 

Threads like this always attract comments from people who don't link the general concept of personal injury claims or "compensation culture"

So by extension there are people who do like compensation culture? They do like the extra costs added to their purchases and services and the added restrictions on their daily lives? Interesting.

The world runs on money and the financial penalty imposed provides a lot of safety when you are out and about in any public place (or workplace) but that's not really the point...

Not really the point indeed, but also blatantly untrue. And since this is a money saving site, it's not entirely outrageous to make a comment about spending £1.8k on a second hand phone without the Forum Content police showing up.