CCTV Procedure for the Release of Evidence
Under certain circumstances you have the right to access CCTV evidence. The procedure for accessing this information depends on whether you are accessing information about yourself or if your are a solicitor or insurance company.
Can I access CCTV images of myself?
Subject to certain exemptions, you have the right to access CCTV images of yourself under the Data Protection Act 1998.
You also have a right to a copy of this information in a permanent form except where the supply of such a copy is not possible, would involve disproportionate effort, or if you agree otherwise.
How do I access these CCTV images?
To be able to access CCTV images of yourself, you will need to complete a Data Subject Access form. This requires you to:
- Give details of the date, approximate time (within 1 hour), and the location you were in.
- Provide a brief description of what you were wearing in order to identify you.
- Provide a full face photograph in order to locate the correct image(s).
- Indicate whether you would just like to view the images or would like a permanent copy in the form of a CD ROM or photograph.
- Pay a £10 fee for carrying out the search of the images requested. This fee is payable for each access request. Cheques, Postal Orders, etc. should be made payable to Boston Borough Council. (We are also able to take BACS and Credit/Debit card payments if this is more convenient.)
Boston Borough Council will only give you this information if it is satisfied as to your identity. When submitting your completed form to Boston Borough Council, you must also provide proof of identification (Passport or Driving License).
Please email us to request a copy of this form
Can my request be refused?
If the release of the CCTV information will disclose information relating to another individual(s), who can be identified from that information, Boston Borough Council is not obliged to comply with an access request unless:
- The other individual has consented to the disclosure of information, or
- It is reasonable in all circumstances to comply with the request without the consent of the other individual(s)
Boston Borough Council may also deny access to information where the Act allows, and where giving you this information is likely to prejudice any of these purposes. The main exemptions in relation to information held on the CCTV System are where the information may be held for:
- Prevention and detection of crime
- Apprehension and prosecution of offenders
Where it is not possible to provide you with this information, we will give you the reason why this has been refused.
How long will you take to process my request?
Boston Borough Council aims to deal with your request as promptly as possible. We must provide this information to you within 40 days of receiving the fee and completed access form.
Boston Borough Council only retains the CCTV images for 31 days, in accordance with the Data Protection Act. After this time, these images are destroyed. If your request is out of the current 31 day period, it is unlikely that we will be able to provide you with the requested information.
Third Party Requests for CCTV evidence
Third Parties can make requests to view CCTV images / data for the following:
- Providing evidence in criminal proceedings
- The prevention and detection of crime
- The apprehension and prosecution of offenders
- Providing evidence in civil proceedings (e.g. insurance companies requesting CCTV evidence for their clients following a car accident).
Third Parties are required to show adequate grounds for disclosure of data. These Third Parties may include, but are not limited to:
- The Police
- Statutory Authorities (Local Authority, Customs & Excise, Trading Standards etc)
- Claimants in civil proceedings
- Accused persons or defendants in criminal proceedings
To be able to access this information, a Section 35 (2) Request for Images form must be completed.
Investigation and review of footage will be charged at £20+vat for the first 15 minutes of review time, and £20 per hour afterwards (pro-rated to the nearest 15 minutes). Should a copy of images be requested there will be a charge of £100+VAT for the copying of these CCTV images.