Clarification on Garda CCTV requests

national | miscellaneous | news report

Thursday May 23, 2002 13:07

by Jon Wilde

I sent a mail to Dataprotection.ie to ask for clarification on the issue of CCTV. I mentioned that at least one person had been told that as they were not the only person visible in the relavent frames, that the footage could not be made available. Here's the response.

From : Sean Sweeney/Data Protection Agency
To : ,
cc : ,
bcc: ,

Brief Description : CCTV
Comments :

Mr Wilde,

I refer to your e-mail of 22/05/20002 concerning access to Garda video footage.

In general, the Data Protection Act provides an access right (under section 4),
whereby data subjects can make a written request to a data controller seeking
copies of their personal data. A data controller is obliged to respond to such a
request within 40 days, and may charge a fee not exceeding six euro thirty five
cents.

There is a provision in the Act (section 5(1)(a)) which states that an Access
Request need not be responded to if a response would prejudice the investigation
of an offence. This is on a case by case basis, not a general exemption.

Before considering what data must be supplied subject to an access request, it
is first necessary to establish if the CCTV system is subject to the provisions
of the Act. The Act only apples to processable personal data. For a CCTV system
to be deemed to be processing data, an operator must be able to automatically
retrieve a segment of tape. (for instance, by inputting an index or reference
number).

In order for data to be personal, the data controller (An Garda Síochána) must
have information in its possession that would identify an individual. In public
areas the issue of identification may become problematic.

However, where the system is processable and a person is identifiable to the
data controller, then if that person makes an Access Request, An Garda Síochána
would be obliged to consider the request. If the section 5 exemption noted above
does not apply, then An Garda Síochána would appear to be obliged to give the
data subject a copy of his / her data. However, the data subject is not entitled
to receive the data of other people. Consequently, any images released should
obscure the identities of other people (unless their consent has been sought).

I trust that this has clarified matters for you. Further information on your
access rights may be found on our website www.dataprivacy.ie.

Regards,
Seán.